Community Sentencing

Community Sentence Definition

Community sentencing differs fundamentally from a prison sentence. We can define community sentencing as:

Typically, a judge will hand out a community sentence if the crime is less serious and prison is deemed unnecessary or not appropriate as a form of punishment. First-time offences may also warrant a community sentence instead of imprisonment. Or, if the offender is relatively young, they are more likely to be given a community sentencing as a form of warning.

With a community sentence often comes a curfew - offenders must abide by times set out by the court or judge. If they don't, they risk returning to court and potentially earning a custodial sentence (prison time). They may also be required to attend meetings with supervisors, have restrictions on areas they can go to, and attend programmes depending on their crime. We will discuss the programmes and types of community sentences later.

Crimes that may result in a community sentence include:

• Theft
• Property damage
• Shop-lifting
• Drink driving
• Assault (depending on the severity)

If the individual repeatedly carries out the behaviour despite receiving community sentences, another form of punishment will likely be used.

Types of Community Sentences

As crimes affect society, community sentencing aims to rectify the crime by having criminals give back to the community in some form. We can explore the various types of community sentences to see how offenders are punished. Usually, courts will consider if a person has other commitments, such as a job, and arrange community sentences around it.

Types of community sentences include¹:

Community sentencing can include removing graffiti, Banksy, commons.wikimedia.org

Community Sentences Benefits

Community sentences have a few aims. Mainly, they intend to punish the offender whilst also giving back to the community. These types of sentences also aim to give some form of rehabilitation to the offender.

As we mentioned above, treatment programmes include therapies that intend to help the perpetrators of crime and reduce the chances of reoffending (recidivism).

Community sentences may also include programmes that help criminals improve their life skills and job prospects.

• If they struggle with certain aspects of their education, community sentences may require criminals to complete a certain amount of training.

• They may also be provided with help for getting a job if they do not have one.

As we can see, all the above aspects of community sentencing benefit both the offender and society. By improving job prospects for the offender, the likelihood of them committing crimes due to financial issues drops. If they are breaking the law because they struggle to control their anger or have mental health issues, these can be addressed with therapy and treatment programmes, reducing recidivism rates.

Community sentencing impacts society and the criminals involved, volunteer vector created by pch.vector - www.freepik.com

Advantages and Disadvantages of Community Sentences

Whilst we have covered the benefits of using community sentences as a form of punishment, we haven't fully explored the advantages and disadvantages of community sentences and whether they genuinely affect recidivism rates.

• An advantage of community sentencing is that it offers criminals the opportunity to redeem themselves for their crimes. Many see community sentencing as a second chance for those who have broken the law; rather than sending them straight to prison, they are offered the opportunity to give back and remain a part of society. Offenders are still punished, which offers the retribution aspect of punishment to those who have been wronged, but offenders also offer their time to the community to better it.

• Another strength can be seen in how community sentences often benefit society through the services they provide. Cleaning up graffiti, decorating buildings for events, and picking up litter benefit the community. Community sentencing also offers additional help for those who need or want to improve their skills or need assistance finding a job.

• A disadvantage of community sentencing is that the offender is still allowed to be in public with the community. They may threaten the community, as they have already wronged them by committing a crime in the first place. If they are allowed to remain outside prison and walk freely, how can we be sure they will not commit a crime again with their freedom? Are the public safe if someone proven to commit theft is still free to walk on the streets near their homes?

• Another disadvantage can be seen in how those given a community sentence may not abide by the conditions set out for them. They do not always follow the curfew times they were given or turn up to court when they are asked to.

• Community sentencing has a recidivism rate of around 34%, according to the Ministry of Justice³. Of the survey cohort, those who had been given a community order had a rate of 34% for re-offending within 12 months of beginning their sentence. This is quite high; therefore, community sentencing is not an ideal form of punishment when the goal is to reduce reoffending rates.

• People also argue community sentences are too 'soft' on offenders and are not a harsh enough punishment for breaking the law. Humanitarians, however, argue prison is too cruel and inhumane, and community sentencing is a better punishment form.