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View/Open - CORA - University College Cork

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CHAPTER 2<br />

COMMUNITY SERVICE ORDERS PUTTING THE IDEA INTO PRACTICE<br />

INTRODUCTION<br />

In this chapter the operation of community service orders in England and Wales will be<br />

discussed in detail to explore those features of the newly devised sanction which best<br />

suited its success and also those features which, for theoretical or practical reasons,<br />

militatedagainst its optimal implementation. The chapter initiallyexamines the selection of<br />

the Probation Service as the agency considered best suited to implement the community<br />

service scheme. However, as a result of this selection it will be revealed how such a<br />

mediating role between the Courts and offenders on community service schemes was to<br />

have a transforming effect upon the ethos of the Probation Service and its professional<br />

orientation. The traditional discretionarypractices of the probation officer are examined in<br />

light of the challenges presented in supervising an offender on community service within a<br />

punitive paradigm. The chapter then moves on to examine the claim that community<br />

service is primarily a penalty imposed as an alternative to custody and seeks to locate the<br />

tariff position of the penalty in everyday practice. A number of studies are examined to<br />

elucidate community service as an alternative to custody and its role in the reduction of<br />

recidivism andgeneral offendingbehaviour.<br />

Specific operational standards were introduced for communityservice orders 16 years after<br />

the scheme became established. The presence or absence of such standards is examined<br />

with particular reference to compliance issues by offenders and possible judicial<br />

perceptions of these changes. Finally, the enduring role of community service in the<br />

general scheme of penalties is discussed with particular reference to entrenched practices<br />

by sentencers and the Probation Service and how such practices may promote or negate<br />

the original sentencing objectives which were claimed for the penalty when it was first<br />

introduced.<br />

74

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