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Dáil Éireann debate -
Tuesday, 1 Jul 1986

Vol. 368 No. 8

Written Answers. - Community Service Orders.

21.

asked the Minister for Justice if he will make a statement reviewing the operation of the community service orders procedure.

The Criminal Justice (Community Service) Act, 1983, which was brought into effect by ministerial order on 5 December 1984, enables a court to make a community service order in respect of any offender over 16 years of age who has been convicted of an offence for which the appropriate sentence would otherwise be a custodial one. Under a community service order the offender must perform a specified number of hours of unpaid work for the benefit of the community. Before making an order, the court must consider a report on the offender prepared by a probation and welfare officer. The court must satisfy itself that the offender is a suitable person to perform work under a community service order and that arrangements exist for him to undertake such work. The work is carried out under the general supervision of the probation and welfare service of the Department of Justice.

Community service is generally performed in an individual's spare time and, therefore, during the course of an order, the offender will continue to be available to discharge his family and employment commitments. If an offender is unemployed, community service may be performed by him for up to three days per week without affecting entitlement to Social Welfare employment payments provided he would be free to take up a job if one should become available.

Where an offender fails to carry out the community service obligations in a satisfactory fashion — for example, absenteeism — arrangements may be made by the supervising probation and welfare officer to have him brought back before the court. In that event the offender would have to explain to the court the reason for non-compliance. The offender may at that stage be dealt with in any way, including imprisonment, that he could have been dealt with in the first instance for the offence.

Up to 31 May 1986 a total of 1,553 convicted persons have been referred by the courts for reports. One thousand and thirty-five orders have been made during that period. Four hundred and fifty-three of those orders have been satisfactorily completed. Fifty-two offenders who failed to comply with the requirements of community service orders were returned to court and a custodial sentence was imposed in each case. The average length of the orders made was between 85-90 hours.

A wide range of activities has been undertaken for the benefit of various groups of individuals in the community, including construction work for the physically handicapped, painting and decorating work in hostels for homeless men and preparing meals in day centres.

I am satisfied with the operation of community service so far. Orders have been made in all District Court areas throughout the country and in a number of Circuit Court areas. General indications are that the introduction of community service in this country has been justified.

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