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Community-service order under-financing criticised

Research published by the Department of Justice has found that the number of community-service orders (CSOs) made by the courts has fallen in recent years.

There were more than 2,500 such orders in 2019, but that figure fell to fewer than 1,300 in 2022.

The review, which looks at CSOs and short-term prison sentences and includes interviews with District Court judges, was carried out by Dr Niamh Maguire (South-East Technical University) and Prof Nicola Carr (University of Nottingham).

It was commissioned to look at the impact of the Criminal Justice (Community Service) (Amendment) Act 2011, which was introduced to encourage greater use of CSOs for people convicted of minor crimes that could warrant a sentence of imprisonment.

Sentencing guidelines

The review concludes that the development of guidelines on the sentencing of CSOs in lieu of prison sentences, and on the sentencing of persistent offenders who commit minor offences, may help to increase the update of CSOs in lieu of short prison sentences.

The authors also say that CSOs have not been fully resourced throughout the country.

“Fully resourcing CSOs means ensuring that all courts have access to community-service suitability reports without delay,” the review states, adding that an increase in the availability of projects is also needed. 

The review notes that, at the same time as CSOs are falling, the use of imprisonment in Ireland – including for short-term sentences of less than 12 months – continues to rise.

Proportionality

The authors point out that the principle of proportionality, a key guiding principle for judges in Ireland, provides that previous convictions aggravate the seriousness of an offence.

“District Court judges following the principle of proportionality are thus legally mandated to increase punishment levels when they come across repeat offending,” the report says.

“There is not yet any Irish jurisprudence that provides an alternative approach to imprisoning a person for persistent, but minor, offending,” it adds.

The authors say that research on CSOs in Ireland has consistently highlighted variability in the use of this sentencing option across the country, partly due to a lack of accessibility to placements in some areas.

Deterrence

The authors find that, while the rehabilitative potential of a CSO is acknowledged by judges, some doubt its ability to offer the same element of deterrence and public protection that a sentence of imprisonment offers.

They quote one judge as saying that he never considers CSOs for drivers with no insurance, “because they need the lesson”.

“The whole reason you’re putting them in prison is to actually physically stop them getting behind the wheel of a car,” the judge says.

Legislative changes

The report also finds that some judges experience issues with the availability of same-day reports (reports on suitability for a CSO), as some courts do not have probation officers available.

Asked about potential measures to encourage the use of CSOs, most judges opposed legislative changes that would make CSOs mandatory in some cases or require judges to give reasons for not imposing a CSO.

Many judges see this as unacceptable interference with their discretion, the authors say.