NCJ Number
116155
Date Published
1986
Length
14 pages
Annotation
This paper considers the use of the community service order (performance of work in the community for the benefit of the public) in Western European countries, with attention to the historical development of the order, its use as an alternative to the short prison sentence and as a sanction for fine default, and the components of a community service order.
Abstract
Resolution 76 (10) (March 1976) of the Committee of Ministers of the Council of Europe encourages Member countries to examine the advantages of community work as a sentence. Almost all the countries in Western Europe have considered this recommendation. There are a few countries that have rejected the use of community service orders. These include Spain, Sweden, and Belgium. In Denmark, Germany, England, France, the Netherlands, Norway, and Portugal, a judge may make a community service order as a sentence in its own right or as an alternative to a short prison sentence within the framework of a suspended sentence. In Italy, Germany, and Switzerland, a community service order can replace a prison sentence for a fine default. In Germany, Luxembourg, the Netherlands, and Norway, there is a theoretical possibility that a community service order may be substituted for an unconditional prison sentence or a fine by way of a pardon. The paper concludes by reviewing how various Western European countries have handled aspects of the community service order, namely, which offenses may be punished by orders, the number of hours of community service, the consent of the accused, the investigative report, the content of the order, and sanctions for nonfulfillment. 20 notes.