Sentencing in a highly discretionary system: Imposing community versus custodial sentences in Ireland

• In Event: Factors Influencing Criminal Case Processing and Outcomes

Abstract

Ireland's highly discretionary and unstructured sentencing system provides a rare opportunity to study the behaviour of judges when relatively free of externally imposed constraints. While this is so, few have investigated sentencing trends, attempted to examine judicial influences or succeeded in prompting the reform of sentencing practices. As a result of an over-reliance on short prison sentences, Ireland introduced the Criminal Justice(Community Service)(Amendment) Act 2011 requiring courts to give greater consideration to Community Service Orders in cases where prison sentences of less than 12 months are deemed appropriate. A Community Service Order is a direct prison alternative, it requires an offender to complete between 40 and 240 hours unpaid community work in lieu of a prison term. This paper will investigate factors influencing decision-making in these cases. Administrative data collected by three criminal justice agencies, pertaining to all adults sentenced to a short term of imprisonment or Community Service Order between 2011 and 2012 were linked and analysed. Predictors of group membership, between group differences, as well as geographical and court variations in sentencing outcomes are presented. Results and implications for policy are discussed.

Authors

• Kate O'Hara, Dublin Institute of Technology

• Mary Rogan, Dublin Institute of Technology