Community Service: Its Use in Criminal Justice

Abstract

Community service has been perceived as a desirable alternative to the use of short-term imprisonment as a response to increasing crime rates. Although heavily used in Western Europe and the Old Commonwealth, its adoption in the United States has been localized and patchy. Use in Asia, South America, and Africa is limited. This article reviews the use of community service in selected countries around the world. It concludes that community service can be used as a pretrial diversion, as a condition of probation or parole, or as an option to work off a fine by an impoverished offender. Very often, it is itself a stand-alone sentence, but it can also be used in addition to other sentences. Some countries give community service a secure place in the sentencing tariff, whether as retributively oriented "hard end" penalties or as rehabilitative and/or restorative endeavors. Others leave usage, within broad qualification criteria, to the discretion of sentencers.

Legal Issues in Implementing the Community Service Orders for Child Offenders in Malaysia

“…Whereas in Britain and Western Australia, 40 to 240 credit hours may apply to adult offenders, where 40 to 120 hours are issued for offences not punishable by imprisonment (Harris & Lo, 2002) and 121 to 240 credit hours for offences punishable by imprisonment (Brennan & Mason, 1983). In New Zealand and Spain, the offenders carry out their respective community service orders between 8 and 200 or 248 hours (Leibrich, Galaway, & Underhill, 1986;Blay, 2008).…”

“…Whereas in Ireland, the community service orders are carried out within 40 to 240 hour period, and must be completed within 12 months, or six months for orders of 120 credit hours. (Harris & Lo, 2002).…”

“…Whereas in the USA, community service orders are carried out over four, five or six days a week (Maloney, 2007). And in Victoria and Western Australia, the offenders will carry out their orders in community rehabilitation centres for 12 hours a week (Israel & Dawes, 2002;Harris & Lo, 2002).…”

“…The offenders will carry out their community service orders for six (Umbreit, 1981) or eight (Blay, 2008;Harris & Lo, 2002) hours, but not for less than four hours a day (Blay, 2008). Usually, the community service commences in the morning, at around eight o' clock (Leibrich, Galaway, & Underhill, 1986), and end after four, six or eight hours later.…”

“…The community service orders will then be postponed to the following week without contradicting the deadline in which the order must be completed. In Ireland, for example, community service orders which are for 40 to 120 hours must be completed within six to 12 months (Harris & Lo, 2002).…”