These are the final notes I made before the exam, and outline community penalties as a mode of punishment. Using key sources, the essay explores the philosophy of community penalties, along with workability and effectiveness compared to other modes of punishment. Using these notes, I went on to ach...
Community Penalties Essay
Introduction
- One of the main reasons of the reform of community penalties by
the Criminal Justice Act 2003 was to encourage the use of the
new community sentences as a means of reducing the prison
population.
- Statistics show that this has been a massive failure with prison
numbers now at record levels.
- However while some argue that the nature CPs means they can
never be a credible alternative to custody, this essay will argue to
the contrary- that if used properly CPs can have a very positive
impact on the penal system.
- It will do this by first examining CPs over the last two decades
decades years before investigating possible reforms for the future.
- After the introduction of the ‘just deserts’ philosophy by the CJA
1991,a more severe penal climate ensued.
- The Home Affairs Committee in 1998 held that this climate was
the main factor for the surge in the prison population at the time,
since there had been no growth in crime or increase in the severity
of offending.
- As a way of counteracting this growing problem, the committee
considered it of ‘paramount importance to investigate credible
alternatives to custody and use them wherever appropriate.’
- But due to problems associated with the previous CPs at sentencers’
disposal, sentencers had become reluctant to use them as a means
to punish offenders.
- Hence the Criminal Justice Act 2003 sought to counteract this
problem by streamlining all existing community penalties with a
single community order (CO).
o This was to be made up of up to 12 requirements (expanded to
14 in 2012 by the LASPOA) which could be altered to suit the
needs of each individual offender, by considering the
seriousness of offence; the COs suitability and its compatibility
in the circumstances.
- However, while it was hoped that the new system would put CPs at
the heart of the penal system, sentencers have become increasingly
reluctant to use the orders instead of more serious forms of
punishment.
- Instead, evidence shows that ‘uptariffing’ has taken place, where
COs have instead been used as a replacement for lesser sentences
such as fines (Cavadino et al), use of which has decreased
dramatically.
- However, perhaps more worryingly, those who would have
previously received a CP since have increasingly been given the new
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