There is now convincing evidence that the diversionary efforts of CS are in the region of only 45-50 per cent, and that the sentence is used as an alternative to other non-custodial sentences, and as a disposal in its own right. The author reviews this evidence and argues that the Government should seriously reconsider its proposal to extend CS to sixteen year olds if there is a real commitment to reducing custodial sentences, and to eliminating some of the other unanticipated—and undesirable—consequences of the availability of CS.
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References
1.
Cf. Pease, K. et al (1975), Community Service Orders, Home Office Research Studies29, London: HMSO;Pease, K. et al (1977), Community Service Assessed in 1976, Home Office Research Study No. 39, London: HMSO;Willis, A. (1977), 'Community Service as an Alternative to Imprisonment: A Cautionary View', Probation lournal, 24(4), pp 120-126; Young, W. (1979), Community Service Orders , London: Heinemann; Pease, K. and McWilliams eds (1980), Community Service by Order, Edinburgh: Scottish Academic Press.
2.
Examples from my own study of community service orders include an offender who was sentenced to community service for stealing a loaf of bread; another for handling stolen goods worth 20 pence; still another for stealing £2.50.
3.
Home Office (1980), Young Offenders , London: HMSO, Cmnd 8045.
4.
Ibid.
5.
Ibid, p 17.
6.
PEASE et al (1977), op cit, p 9.
7.
PEASE et al (1975), op cit, p 26.
8.
YOUNG, op cit, p 124.
9.
Ibid, p 140.
10.
Pease, K. (1980), 'Community Service and Prison: Are they Alternatives?' in PEASE and McWILLIAMS eds, op cit, p 35.
11.
Willis, op cit, p 125.
12.
Source for what follows (unless otherwise stated): Home Office (1979), Criminal Statistics England and Wales 1978, London: HMSO Cmnd 7670. Only male offenders and indictable offences will be considered. Few orders are imposed on females (e.g. 6 per cent of all orders in 1978) and for non-indictable offences (e.g. 17 per cent of all orders in 1978).
13.
With the exclusion of suspended sentences.
14.
The actual number of community service orders referred to in the text relates to a five year period, 1974 to 1978 inclusive. In 1973 (when the order was introduced) there were too few orders to render them significant.
15.
HOME OFFICE (1979), op cit, Tables 6.14 and 6.16.
16.
Hmso (1975), Powers of Criminal Courts Act 1973, London: HMSO.
17.
Attendance centre orders have been considered as a non-custodial measure. See, Home Office: Advisory Council on the Penal System (1977), Powers of the Courts Dependent on Imprisonment, London: HMSO.
