Community Service as a Tariff Measure
| DOI | 10.1177/026455058102800405 |
| Date | 01 September 1981 |
| Author | D. Godson |
| Published date | 01 September 1981 |
| Subject Matter | Articles |
COMMUNITY SERVICE AS A
TARIFF NIEASURE
D. Godson
Probation Officer, Totton, Hampshire
Anyone caring to review recent literature on the use of
community service as a direct alternative to custody might
well conclude that it is failing as a tariff measure. In this article
the author poses two questions which are directly relevant to
this growing debate. Firstly, how valid is this conciusion in the
light of differing sentencing policies amongst schemes?
Secondly, where the policy is clearly to use community service
as a tariff sentence, how can the number of offenders diverted
from custody be adequately estimated?
Is community service failing as a
Beginning with the Wootton Report’s
tariff measure?
much quoted belief that community ser-
A number of writers, notably Willis
vice would appeal to adherents of widely
(1977), Young (1979), Pease (Pease and
differing
penal philosophies
(Home
McWilliams, 1980), and more recently
Oi~ce, 1970), the purpose of the concept
Vass (1981), have addressed themselves
has been allowed to develop with its own
to the question as to whether or not
particular brand of ambiguity. This
community service is operating success-
underlying lack of purpose was well
fully as a direct alternative to custody.
illustrated by the comments of Mark
Estimates vary, but the consensus appears
Carlisle speaking for the Government
to be that in only something like forty
during the Committee Stage of the sub-
to fifty per cent of cases is community
sequent Parliamentary Bill, when he
service being used where offenders would
stated:
’
have otherwise received a custodial sen-
we
...
propose to encourage the
tence. In one sense it is perhaps not sur-
courts-so far as it is right for the
prising that these writers conclude that
Government to do so-to say that
community service is thereby failing as a
Government and Parliament look upon
tariff measure. It remains the case; how-
this as an appropriate penalty where
ever, despite such apparent unanimity,
otherwise a short custodial sentence
that the persuasiveness of this argument
might be imposed. I am not for a mo-
rests on the assumption that the over-
ment suggesting that in future every-
whelming majority of schemes see its use
one will receive a sentence of com-
in these terms. The question as to
munity service where otherwise he
whether or not community service is fail-
would have received a custodial sen-
ing as a direct alternative to custody rests
tence. I believe that it will be used
first therefore, on deciding whether or
where people are now dealt with in
not the essential feature of the concept
other non-custodial ways.’
is that of a tariff measure.
(XHC. Comm. Deb. Standing Com-
In reality the idea that community ser-
mittee G. 8 Feb., 1972 Col. 473)
vice should be seen exclusively as a
This failure to identify policy in terms
direct alternative to custody is one which
of penal philosophy was later noted by
has never been established.
Pease (1977) when considering the opera-
124
tion of the pilot schemes. Pease observed
Estimating the numbers diverted
that of the six schemes participating in
from custody under a tariff policy
the original experiment, three imple-
In order to suggest how the numbers
mented community service as a direct
diverted from custody under a tariff
alternative to custody, while three felt
scheme might be estimated, I propose to
that it should be used as a sentence in
present the results of research I have
its own right. In terms of the Criminal
conducted in Hampshire. The choice of
Justice Act of 1972, the difference was
Hampshire seems sensible for this pur-
one of using community service as an
pose since, as the Home Office (1980)
’alternative to imprisonment’ as opposed
note, it exhibits a sentencing pattern
to
an
’alternative for imprisonable
roughly equivalent to England and Wales
offences’ as laid down by the wording of
as a whole. The findings presented form
the Act....
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