The Gazette 1984

JANUARY/FEBRUARY 1984

GAZETTE

The Criminal Justice (Community Service) Act 1983

by Gerald F. Griffin, Solicitor.

T HE Criminal Justice (Community Service) Act, 1983 ("the Act") was passed by both Houses of the Oireachtas and became law on the 7th July, 1983. The Act will, however, only come into operation when ministerial order to that effect is made by the Minister for Justice. The Act will be of great interest to practitioners, in that it offers the relevant Court an alternative sanction whereby an offender who is convicted of a criminal offence may be ordered by the Court which convicts him to perform under supervision and within a stated time, a specified number of hours of unpaid work for the benefit of the community. The order in question is called a "Community Service Order." The Act confers jurisdic- tion on the Circuit Court and the District Court, but specifically excludes the Special Criminal Court. The Act provides that work under a Community Service Order will be organised and supervised by the Probation and Welfare Service of the Department of Justice. It applies to persons of or over the age of sixteen years who have been convicted of a criminal offence for which there is no mandatory sentence and in respect of which the Court could impose a sentence of penal servitude, imprisonment or detention in St. Patrick's Institution. The Act preserves existing powers of the Courts to make other orders, such as an order disqualifying a person from holding a driving licence, or an order for payment of compensation. It should be noted that the Act does not affect the imposition of mandatory sentences, for example the mandatory disqualification on conviction for drunken driving. There are certain conditions laid down in the Act as a pre-requisite for the making of a Community Service Order, which are as follows: The Court must satisfy itself — 1. that, having considered a report on the offender from a probation officer, the offender is suitable for community service and 2. that the offender can be provided with work and 3. that the offender consents to the making of the order. The Court must also explain to the offender the effect of the order, that he must perform satisfactorily within a period of twelve months a specified number of hours of work and that any change of address by the offender must be notified to the relevant officer. The offender must also be informed by the Court that it has the power to review the order either on the application of the probation officer or on the application of the offender, depending on the circumstances. Subject to the above mentioned, the Court can direct a

minimum of forty hours and a maximum of two hundred and forty hours to be worked in any twelve month period. The Act also provides for the making of more than one Community Service Order in respect of an offender but with a maximum number of hours in any twelve month period not to exceed two hundred and forty hours. An offender who is the subject matter of a Community Service Order has to comply with certain requirements, as follows: (a) He is required to report to his supervising officer when called upon. (b) He must perform satisfactorily the number of hours work required of him under the order and notify his supervising officer of any change of address. In making the order the Court must avoid, as far as possible, any interference with the offender's normal work or with his attendance at any educa- tional establishment. If the offender should fail, without reasonable excuse, to comply with the requirements of the order the offender can be brought before the District Court and the Court many impose a fine up to a maximum of £300.00. There is no provision for a prison sentence in lieu of a fine. Upon a complaint being made by the supervising officer, the offender may be summoned to appear before the District Court and, should the offender fail to appear, the Court may issue a warrant for his arrest. As an alternative to imposing a fine, the Court may simply revoke the order and deal with the offender for the original offence in the normal manner. The Act also lays down certain conditions where the offender changes his residence from one Court area to another and both the supeiVising officer and the offender have the right to apply to the District Court to review the order. As indicated at the outset, the Act has not as yet come into operation and awaits the making of statutory instrument by the Minister for Justice. It is anticipated that certain difficulties will have to be overcome before the Minister can in fact bring the Act into operation. For example, a "Community Service Order" is not defined in the Act, although it is presumed that the service required of an offender would be such that it would be of benefit to the entire community. There are certain instances where an order could be readily made, for example in cases of malicious damage and the removal of graffiti. However, the Act requires that the Court must be satisfied, prior to the making of the order, that the offender can be provided with work. It is possible that certain resistance may be encountered from 25