Written answers

Wednesday, 30 November 2022

Department of Justice and Equality

Departmental Data

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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162. To ask the Tánaiste and Minister for Justice and Equality the number of community service orders issued over the past three years, by court district. [59629/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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As the Deputy may be aware it is generally recognised that non-custodial penalties, particularly supervised community sanctions, play a significant and important role in addressing criminality, reducing reoffending and providing a degree of protection to the public. This is supported by Central Statistics Office figures on recidivism.

The Review of Policy Options for Prison and Penal Reform 2022-2024 reflects this. Among the issues the review makes recommendations on, is reducing the use of short custodial sentences (especially sentences under 3 months) and exploring how the judiciary can be provided with a greater range of non-custodial sanctions. Community sanctions can play a role in addressing criminality, reducing reoffending and providing protection to the public while holding the individual accountable. Non-custodial sentences, which includes sentencing a person to undertake community service, means that a person can retain links to their own community (e.g. family connections, employment, and home) which improves the chances that they will not re-offend and in doing so improves public safety.

The Probation Service has statutory responsibility for the management of Community Service, under the Community Service Act 1983 (as amended) and part 5 of the Fines Act 2014. This includes the assessment of suitability of offenders referred to the Probation Service by the Criminal Courts for the purposes of a Community Service Report and where these people are identified suitable to management of community service orders so imposed. Community Service may be imposed on persons over 16 years of age, convicted of an offence where the Court is considering a custodial sanction of more than 12 months, who have been assessed as suitable to perform unpaid work in the community. The Court may impose a Community Service Order of between 40 and 240 hours (Community Service Act) 30 – 100 hours (Fines Act) of unpaid work for the benefit of the local community in place of a prison sentence.

Community Service may incorporate training or counselling programmes that target areas identified as contributing to an individual’s offending behaviour. The Probation Service works with individual offenders in instances where this can be applied, verification is required in relation to any time allowed.

As the Deputy will be aware every year thousands of hours of unpaid work are provided to not-for-profit, community and voluntary groups through Community Service Orders.

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system. As such I have asked that Court Service to respond to the Deputy directly with the information sought on the number of community service orders issued by court district over the past three years if it is possible for the Courts Service to do so.

However, in order to be of assistance to the Deputy, I also include below a table providing the figures for of all Community Service Orders for the period from 2019 – 2021 whichincludes Circuit and District Courts.

Year 2019 2020 2021
District Court 2492 997 1173
Circuit Court 299 164 187
Total 2791 1161 1360

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