Dáil Éireann díospóireacht -
Wednesday, 21 Feb 1996

Vol. 461 No. 8

Written Answers. - Non-Custodial Sentences.

Robert Molloy

Ceist:

49 Mr. Molloy asked the Minister for Justice the extent of the use of community service and probation orders as an alternative to custodial sentences by the courts in each of the past five years; and if she will make a statement on the matter. [3907/96]

Minister for Justice (Mrs. Owen)

The number of community service orders and probation orders made by the courts in the past five years is as follows:

Year	Community Service Orders	Probation Type Orders
Probation	Deferment of Sentence	Total
1991	1,390	1,133	1,237	2,370
1992	1,745	1,039	1,062	2,101
1993	1,759	1,010	1,251	2,261
1994	1,617	1,044	1,589	2,633
1995	1,602*	1,042*	1,575*	2,617*

*Provisional figures for 1995

The above figures are in respect of the number of orders made in each of the past five years. The number of people to whom such orders apply at any given time is about 3,900.

Community Service Orders

The Criminal Justice (Community Service) Act, 1983 provides that courts may make a community service order in cases where a person is convicted of an offence for which the court considers the appropriate penalty would otherwise be a custodial sentence excluding offences where the penalty is fixed by law such as murder. Community service is, therefore, an alternative to imprisonment.

Certain conditions must be fulfilled before the court makes a community service order. For example, the court must be satisfied that the offender is suitable to undertake community service and that there is work available for him/her to do. The Probation and Welfare Service must provide a report to this effect. The numbers of reports requested by the courts for the five year period are as follows:—

1991	1,860
1992	2,275
1993	2,381
1994	2,060
1995	2,032

As well at this, the offender must give his-her consent. If all the conditions are met the court may order the offender to perform between 40 and 240 hours of unpaid work within a period of one year.

The type of work carried out under this scheme is generally work on behalf of community groups and other local organisations and is work which would not otherwise be done. Projects include grounds maintenance, renovations, painting and decorating.

Probation Orders — The Probation and Welfare Service supervises offenders placed on probation orders under sections 2 (1) and 2 (2) of the Probation of Offenders Act, 1907 or deferment of sentence i.e. where the court decides to defer the imposition of sanction for a period and requests the service to supervise the offender and make a report to court at the end of the period, probation orders can be for a period of up to three years.