Explainer: Community Service Orders

27th February 2024

What is a community service order?   

A community service order is an alternative to a short-term prison sentence where a judge orders a person convicted of an offence to do unpaid work in the community. It is a recorded conviction. The number of hours of work imposed varies but a judge may order the person to complete between 40 and 240 hours of work which has a benefit to the community.  

When can a community service order be imposed? 

In summary, a community service order can be imposed where:  

1. The alternative option to the court is imposing a short-term prison sentence; 
2. The person is over 16 years old;  
3. A Probation Officer has assessed the person to see if they are suitable to complete unpaid work in the community;  
4. There is appropriate work in the community available; 
5. Such an order is recommended by a Probation Officer; 
6. The person consents to the order; and  
7. Before making the order the court has explained its effects, in particular, the requirements on the person (outlined in the Criminal Justice (Community Service) Act 1983, as amended, section 7, listed in Additional Information below), the consequences of not complying with these requirements and that the order may be reviewed on application of either the person themselves or a Probation Officer.  

What is the legal basis for a community service order? 

Section 3 of the Criminal Justice (Community Service) Act 1983 (as amended by the Criminal Justice (Community Service) (Amendment) Act 2011) provides that a court must consider a community service order in cases where that court is of the view that a period of imprisonment of 12 months or less is an appropriate sentence for the offence committed.  

Additionally, in cases where a person has failed to pay a fine that they have been ordered to pay, the Fines (Payment and Recovery) Act 2014 provides that a court may make a community service order as an alternative to sending that person to prison.  

How often are community service orders used in Ireland? 

Statistics highlight that community service orders are not often used in Ireland when compared with similar orders in Europe. For example, in 2013, the European average of community sanctions stood at 254.6 per 100,000 whereas Ireland's figure was 136.2 per 100,000.  

However, the use of orders appears to be increasing in Ireland with an increase to approximately 2,800 in 2019 which is closer to 2011 levels when approximately 2,700 orders were made in 2011. This number dropped significantly in 2020 to 1,161 (however, this decrease may be due to Covid-19 restrictions in place at the time) with a slight increase in 2021.

Community service orders can be made by any court (excluding the Special Criminal Court) but most typically they would be issued in the District Court. 

Additional Information 

• Where a community service order is made, the person subject to the order will be required to report to a Probation Officer from time to time and notify that Officer of any changes in address.  
• The person must perform the community service satisfactorily for the number of hours specified in the order. The total amount of community service cannot exceed 240 hours. (Criminal Justice (Community Service) Acts 1983, as amended, section 5.)
• Failure to comply with the requirements of the order, without a reasonable excuse, may lead to a fine on summary conviction, or the revocation of the order. If the order is revoked, the person can be dealt with by the court as if the order had not been made.  
• The person should comply with the order within a year. This limit may be extended by the court on application of either the person subject to the order or the Probation Officer. The court will examine whether an extension is in the interests of justice, having regard to the particular circumstances of the case before making its decision. (Criminal Justice (Community Service) Acts 1983 and 2011, section 9)