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offender, the young offender and the first time offender. The medium to long-term
prisoner who occupies a prison place was not identifiedas the likelycandidate for diversion
to community service. Critically, this latter offender if diverted has a greater effect on the
prison population than the short term offender. Moreover, any serious attempt at a
decarcerative policy must address this group of offenders who make up a significant
segment of the dailyprison population.
The introduction of any new penalty always carries the risk of unintended displacement
from other established penalties. Spark’s image of the ladder, to represent the scope of
criminal penalties ranging from unconditional discharges at the bottom end through
probation, fines, suspended sentences and imprisonment at the top end, is instructive as an
image to locate the offender in the scale of penalties. The traditional viewof the recidivist
offender proceedingup the ladder of seriousness is well established(Sparks 1971:384-401).
Using this typology, the number of offenders who would otherwise receive a custodial
sentence but for the imposition of a suspended sentence is about 50% (Sparks 1971:387).
Therefore, 50% of offenders who receive a suspended sentence descended to just below
the top rung of the ladder (Sparks 1971:398). But another 50% who would not have
received a custodial sentence, are elevated to the same rung of the ladder. Previously, this
latter cohort, who would not have received a custodial sentence, would have received
probation or a fine, a position mid-wayor at the lower end of the ladder. If one applies a
similar analysis to community service offenders, between 45% and 50% according to
Spark’s study, would nowoccupy a rung on the ladder which is belowimprisonment (Top
rung) which group would have ascended to the top rung but for the availability of the
penalty. A number of considerations arise from this type of analysis. Firstly, the partial
diversion of offenders from custody at circa 50% suggests that the residual group so
sentenced whether to a suspended sentence or community service were upgraded on the
ladder of seriousness and did not properly belong in a position as high on the ladder. The
provision of a newsanction in the circumstances has displaced a more lenient penaltysuch
as probation or a fine. This comparison by Sparks with the suspended sentence can also
be applied to any consideration of community service. The nets of social control (Cohen
1985) in this analysis can be seen as extending to that residual group who would otherwise
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