NCJ Number
62964
Date Published
1979
Length
110 pages
Annotation
IN CONJUNCTION WITH THE LAW REFORM COMMISSION'S STUDY OF ALTERNATIVES TO IMPRISONMENT, THE COMMUNITY WORK ORDER NOW BEING USED IN TASMANIA AND WESTERN AUSTRALIA IS EXPLORED AS AN ALTERNATIVE SENTENCE.
Abstract
THE COMMUNITY WORK ORDER (COMMUNITY SERVICE ORDER) HAS BEEN USED IN TASMANIA AS AN ALTERNATIVE TO IMPRISONMENT RATHER THAN A PENALTY IN ITS OWN RIGHT. THE SENTENCE IS APPLIED WHEN THE PARTY AGREES TO IT AND WHEN THE SENTENCING JUDGE FEELS THAT THE OFFENDER WILL PROPERLY SERVE A TERM OF IMPRISONMENT AS PUNISHMENT FOR THE OFFENSE. THERE HAS BEEN CRITICISM OF THE WORK ORDER PLAN: COMMUNITY WORK ORDERS SHOULD NOT BE RESTRICTED TO OFFENSES WARRANTING IMPRISONMENT BUT SHOULD BE GENERALLY AVAILABLE OPTIONS; THE WORK ORDER DOES NOT REDUCE PRISON POPULATIONS BUT DRAWS MORE PEOPLE INTO CORRECTIONS THAN WOULD OTHERWISE HAVE BEEN SUBJECTED TO SUPERVISION AS THE CRIMINAL PENALTY; AND THE WORK PERFORMED UNDER WORK ORDER PLANS IS NEITHER CONSTRUCTIVE NOR BENEFICIAL TO OFFENDERS. OTHERS HAVE EMPHASIZED THAT WORK WITHIN THE COMMUNITY MAY GIVE OFFENDERS A BENEFICIAL AND USEFUL ROLE IN COMMUNITY AFFAIRS AND BROADEN THE RANGE OF OPTIONS FOR SENTENCERS, PARTICULARLY WHEN IMPRISONMENT IS COSTLY AND DETRIMENTAL TO OFFENDERS AND WHEN A FINE IS SEEN AS ACTING AS LITTLE MORE THAN A LICENSE. ONE OF THE DANGERS IN BROADENING THE RANGE OF OPTIONS, HOWEVER, IS THAT ONCE MORE PENALTIES BECOME AVAILABLE TO SENTENCERS, THEY MAY USE THEM TOO OFTEN. INCLUDED ARE A COPY OF THE TERMS OF REFERENCE FROM THE AUSTRALIAN LAW REFORM COMMISSION'S STUDY OF ALTERNATIVES TO IMPRISONMENT WHICH IS PART OF ITS WORK ON THE SENTENCING REFERENCE, FOOTNOTES, AND TWO APPENDIXES SHOWING PROPOSED LEGISLATION AND RELEVANT SECTIONS OF THE TASMANIAN PROBATION OF OFFENDERS ACT OF 1973. (MJW)