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View/Open - CORA - University College Cork

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greater emphasis to the role of community service as an alternative to prison when<br />

introducing the Bill into Parliament. Having identified people who had committed minor<br />

offences as the target group for such alternative sanctions, the Home Secretary was quite<br />

clear to state that if communityservice is not carried out as ordered “the alternative will be<br />

to go to jail” (H.C. Deb.vol.826.col.972).<br />

The Parliamentary Debates emphasised the growing problems of increasing prison<br />

populations and community service was identified by a number of speakers as a suitable<br />

alternative to imprisonment, containing sufficient punitive and controlling features of the<br />

offender, while in the community. The presence of elements of retribution and reparation<br />

in the new penalty allowed for political and social acceptability for its introduction, where<br />

previously public sentiment about the existing non-custodial sanctions such as the<br />

suspended sentence, the fine and probation had been criticised as far too lenient.<br />

Accordingly the public impression expressed through the media was that community<br />

service was primarilyto be an alternative to imprisonment (Pease 1980). This facilitated its<br />

operationalisation as public sentiment was generallydisposedtowards the sanction.<br />

The Home Office Research Unit Study (Pease et al 1977) deployed a number of methods<br />

to measure the degree of diversion from custody of offenders placed on community<br />

service. Three of the four methods used indicated figures for such diversion of between<br />

45% and 50%. The earlier experience in the use of the suspended sentence as a<br />

mechanism to divert offenders from prison is instructive in this regard (Bottoms 1981).<br />

Research by Oatham and Simon (1972) showed that ‘of all persons awarded a suspended<br />

sentence only somewhere between 40% and 50% would, but for the new provision, have<br />

been sentenced to imprisonment for the original offence’ (Oatham and Simon 1972). The<br />

Home Office Research Unit (Pease et al 1977) concluded that community service provided<br />

a 49% displacement from custodybut these overall figures do not give anyviewof the use<br />

of community service between courts where one court might regard community service as<br />

an alternative to custody in about every case, whereas in another court community service<br />

might be allowed as an alternative to other non-custodial penalties. This can lead to<br />

inequities in the calculation of the hours of community service and in cases where breach<br />

of community service is initiated, the alternative penalty would likely be custodial in the<br />

85

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