NCJ Number
47036
Date Published
1977
Length
8 pages
Annotation
AN OVERVIEW OF THE ENGLISH EXPERIENCE WITH COMMUNITY SERVICE ORDERS IS PRESENTED, WITH A VIEW TO IMPLICATIONS FOR THE DEVELOPMENT OF LEGISLATIVE AND ADMINISTRATIVE GUIDELINES IN CANADA.
Abstract
A COMMUNITY SERVICE ORDER IS A NONCUSTODIAL SENTENCING DISPOSITION WHEREBY AN OFFENDER SERVES HIS OR HER SENTENCE BY PERFORMING A PRESCRIBED NUMBER OF HOURS OF COMMUNITY SERVICE. THE EXISTING FEDERAL CRIMINAL CODE IN CANADA DOES NOT PROVIDE SPECIFICALLY FOR COMMUNITY SERVICE ORDERS, WHICH HAVE EMERGED AS A COROLLARY TO CODE PROVISIONS FOR PROBATION ORDERS. APPARENTLY PARLIAMENT DID NOT ENVISION THE WIDESPREAD USE OF COMMUNITY SERVICE ORDERS WHEN IT ENACTED THESE PROVISIONS. HOWEVER, IN JANUARY 1977, THE ONTARIO COURT OF APPEALS UPHELD THE VALIDITY OF COMMUNITY SERVICE ORDERS, AND THIS FORM OF DISPOSITION IS EXPECTED TO BECOME MORE PREVALENT. IN THE ABSENCE OF LEGISLATIVE GUIDELINES, CONSIDERABLE DISPARITY AND ADMINISTRATIVE DIFFICULTIES IN IMPLEMENTING COMMUNITY SERVICE ORDERS ARE ANTICIPATED ALSO. A BRIEF SURVEY OF THE ENGLISH EXPERIENCE WITH SERVICE ORDERS POINTS TO THE TYPES OF LEGISLATIVE DETAIL NECESSARY TO GOVERN THE IMPLEMENTATION OF SERVICE ORDERS. RECOMMENDATIONS FOR AMENDING THE FEDERAL CRIMINAL CODE TO PROVIDE SPECIFICALLY FOR THE IMPOSITION OF SERVICE ORDERS ARE SUGGESTED, WITH REFERENCE TO DEFINING SERVICE ORDERS AS AN ALTERNATIVE TO INCARCERATION (NOT MERELY A A COROLLARY TO PROBATION), RECOGNIZING THE NEED TO REQUIRE AN OFFENDER'S CONSENT TO A SERVICE ORDER, AND CARRYING OUT PILOT PROJECTS TO DEVELOP ADMINISTRATIVE MACHINERY. ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR USE BY PROBATION OFFICERS IN COMMUNITY LIAISON, SERVICE ORGANIZATION LIAISON, OFFENDER ASSESSMENT, AND OTHER TASKS RELATED TO COMMUNITY SERVICE ORDERS ARE DISCUSSED. POLICY CONCERNING PROVINCIAL CONTROL OVER FEDERAL INVOLVEMENT IN COMMUNITY SERVICE ORDER PILOT PROJECTS IS STATED. (LKM)