Community or Custody? A Review of Evidence and Sentencers’ Perspectives on Community Service orders and Short-Term Prison Sentences.

6th November 2024

On 6 November 2024, the Department of Justice launched vital research on Sentencers’ Perspectives on Community Service Orders (CSOs) and Short-Term Prison Sentences. The report is authored by Dr Niamh Maguire (South East Technological University) and Prof Nicola Carr (University of Nottingham).

The research examines the impact of the Criminal Justice (Community Service) (Amendment) Act 2011 introduced over a decade ago with the expressed intention of encouraging greater use of community service orders (CSOs) for people convicted of minor crimes for which a sentence of imprisonment is deemed appropriate. 

The 2011 Act imposed a new duty on judges to consider imposing a CSO as an alternative to a prison sentence of 12 months or less. At the same time, the use of imprisonment in Ireland continues to rise. The numbers of people committed to custody has risen in recent years. This includes for short-term prison sentences, that is for sentences of less than 12 months.

This research provides insight into the causes for the continued over-use of short prison sentences of less than 12 months and the underutilisation of CSOs, as well as sheds light on barriers - real and perceievd - to the increased use of CSOs and potential options for increasing uptake of CSOs.

• Read the report: Community or Custody? A Review of Evidence and Sentencers’ Perspectives on Community Service orders and Short-Term Prison Sentences.