MinisterDermot Ahern publishes new Criminal Justice (Community Service) (Amendment) Bill 2011 (January 2011)
The Minister for Justice and Law Reform, Mr. Dermot Ahern T.D., has today published the new Criminal Justice (Community Service) (Amendment) Bill 2011 which will encourage the greater use of community service orders as an alternative to prison for those persons convicted of a minor offence.
This new Bill will amend the Criminal Justice (Community Service) Act 1983 whereby courts will be required to consider imposing a community service order for minor offences where it would otherwise be appropriate to sentence the offender to imprisonment for a period of up to six months.
Announcing the proposals, Minister Ahern said: "There is an under-utilisation of the community service scheme in this country. I am determined that those offenders who would be appropriate for community service are considered for such. Increasing the use of community service delivers financial savings, diverts from the prison system offenders who would otherwise be imprisoned and provides reparation in the form of unpaid work to the benefit of the community.
If only 10% of those offenders who were sentenced in 2009 to terms of imprisonment of up to six months were instead subject to a community service order, the projected savings to the exchequer would be in the vicinity of €14m to €17m. This does not include the financial value of the work carried out in the community. In 2007, a reasonable estimate of the value of the work performed under community service was €1.5m.
These proposals will focus the attention of the courts on the availability of the alternative sanction of community service. I look forward to seeing an increase in the use of the community service scheme particularly in relation to those offenders convicted of minor offences."
The community service scheme as it currently operates is significantly under-used. A Value for Money and Policy Review of the Community Service Scheme (published October 2009) found that operating at full capacity, supervision services could be provided to three times as many offenders. Offenders who would be suitable for community service are instead serving prison sentences, often for minor offences. Increasing the use of community service will deliver substantial financial savings as it is a considerably cheaper sanction than imprisonment. It benefits offenders by diverting them from prison allowing them to maintain ties with family, friends and community, including continuing in education or employment. Communities throughout the country will benefit from the unpaid work carried out by those serving community service orders.
The Bill is available on the Oireachtas website – www.oireachtas.ie
12 January 2011
Note to Editors:
Community Service
· Community service orders (CSO) may be made under the Criminal Justice (Community Service) Act 1983. An order may be made in respect of an offender who is over the age of 16 and has been convicted of a criminal offence for which a sentence of imprisonment would be appropriate.
· A CSO specifies the number of hours of work to be completed which may be between 40 and 240 hours.
· A court may not apply a CSO unless satisfied, on the basis of an assessment report of a probation officer, that the offender is a suitable person for the purpose of such an order, appropriate work is available and the offender has consented to the order.
· Although an available sentencing option to all criminal courts (excluding the Special Criminal Court), the vast majority of orders are applied by the District Court.
