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In surveying the literature the writer will occasionally refer to contemporary sources when
dealingwith issues in this chapter and in chapter three. While seekingto remain faithful to
chronological dictates, such references are used to showthe dynamic nature of the penalty
both in England and Wales and in the Republic of Ireland. Moreover, while the chapter
deals with the operation of the community service order in England and Wales as a
precursor to the Irish community service order, some of the views of the Irish judges will
be introduced at this juncture. Such an approach is adopted to allow for a fuller
discussion upon the matter in issue and to obviate the necessity of reintroducing the topic
again later for separate discussion andanalysis.
THE INSTRUMENTAL ROLE OF THE PROBATION SERVICE IN
COMMUNITY SERVICE
The critical question of the administrative link of the voluntaryagencies and the courts was
recognised by the Wootton Committee when making its recommendations. Some
intermediate organisation would be required to mediate between the voluntary agencies
who would provide places of work for offenders and the courts who would not perform
functions other than of a purely judicial nature. The necessity to interview offenders to
determine suitability for community service, the identification and placement of such
offenders in suitable work programmes and the supervision of offenders while on such
schemes to ensure such work was satisfactorily performed could not be imposed upon the
voluntary agencies themselves (Home Office 1970:para 46). Clearly a professional
organisation would be required to administer the scheme in all its complexities and
demands. Prior to the introduction of the scheme in England and Wales the Prison
Service had some experience of supervising prisoners in a limited number of work in the
community schemes. However, the primary objection in rejecting the Prison Service as
the supervisory organisation concerned the use of prisons as reporting centres
(Ibid.:para48). Having consulted with the management and representative associations of
the Probation and After Care Service which signified their general consent to administer
such schemes, the Wootton Committee favoured recommending the Probation Service as
the most suitedagencyto administer the scheme stating:
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