Community Service
Community Services Orders
Community service orders were introduced in the mid-1980s. A community service order may be made by any court other than the Special Criminal Court. The convicted person must be over 16 years. The offence must be of a type that in the opinion of the court is appropriate for community service.
The legislation was extended so that orders may be made by the District Court, Circuit Court, or Children’s Court. The community order is to specify the district of residence in which the offender shall reside when performing work under the order.
In order for a community service order to be made, the court must be satisfied after considering the circumstances under and report to the probation service that an offender is a fit person for community service. It must be possible to make arrangements for him to perform the work concerned and be supervised.
The offender must consent to the making of the order. The effects and obligations of the order and the consequences of failure to comply must be explained.
Must Consider
The Criminal Justice Community Service Amendment Act 2011 introduces a requirement for the court before which an offender is convicted of an offence for which a sentence up to 12 months would be appropriate to consider the alternative sentence of a community service order.
If the court is satisfied that the below conditions which are required for making a community service order are met, it may make a community service order in relation to the offender.
Where a sentence of more than 12 months would be appropriate, the court may make a community service order in respect of the offender. In this case, the court is not required to consider the making of a community service order but may nonetheless do so.
The court when it considers in the particular case that a community service order may be appropriate, it may request the probation service to prepare an assessment report in relation to the offender. It must be furnished within 28 days, which may be extended.
A community service order may be made where having considered the circumstances of the offender and the assessment report prepared by the probation officer, the offender is a suitable person to perform work under the order. Arrangements can be made for the offender to perform such work where he or she consents to the making of the order.
Procedure
An offender in respect of whom an order is made is required to report to the relevant officer nominated by the director of the probation service. Prosecutions for failure to comply with the requirements of an order may be taken by a probation officer.
There are provisions for the change of residence by the offender. Copies of the order are to be sent to the appropriate District or Circuit Court as the case may be.
The provision for revocation of the community service order is amended. It may be revoked on the application by an offender or the relevant officer who will generally be a probation officer
The Order
The order will require the offender to work a specified number of hours of unpaid work. The minimum is 40 and the maximum is 240 hours. The orders may be made consecutively or concurrently. They may be made in respect of one or more offences.
The probation officer must be satisfied that the work would be of benefit to the person concerned,  persons in need or the community. They must be satisfied that there is sufficient public liability insurance in connection with the work.
An offender may not be required to do more than eight hours of work a day without the approval of the probation officer.Absence due to illness or unavoidable cause may be permitted. It does not reckon as part of the hours concerned. Time required to travel to and from work or time due to interruption of weather and other unavoidable causes of up to an hour a day may be reckoned as part of the work period.
The offender must report to the probation and welfare officer and perform satisfactorily the required number of hours’ work. It must be done within one year of the date that the order is made. This period may be extended by the District Court in the interests of justice.
Breach and Revocation
If an offender without reasonable cause does not comply with the terms of the order, he is guilty of an offence and may be liable on summary conviction. The court may revoke the order and deal with him again as he could have been dealt with for the original offence.
An application to revoke a community service order may be made to the District Court by the probation officer or the offender. The court may, if it is in the interests of justice, having regard to the circumstances that have since arisen, revoke the order and deal with the offender in a way in which it could have dealt with him originally.
Failure to Pay Fine
A community service order may be made where the fine has not been recovered in full following the making of an attachment order or recovery order. A community service order may be made where the court does not consider it would be appropriate to make either a recovery order or attachment order in the event of default. A court may make a community service order where the person is willing to comply with the order and is considered suitable by the probation service.
Where a fine is in respect of a conviction on indictment, the order may provide for between 40 and 240 hours of community work. In the case of summary conviction, the period is between 30 and 100 hours of community work.
The Community Service Act was amended in 2011 to provide the hours of work specified in relation to non-payment of a fine or additional to any other hours, which the court has already imposed on the person. In determining the number of hours to be worked, the court is to take account of sums already paid by the person by instalments or recovery on foot of a recovery order or attachment order.