TNAG-0689-FCO40-838-Introduction-of-community-service-orders-into-penal-system-o-1977 — Page 8

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Any information on the criteria used by the Courts or probation officers in selection of suitable candidates for CSOs.

How did the probation officers prepare their recommendation reports i.e. were the offenders held in custody, and if so, in what form of institution ?

Is there any evaluation of possible resentment by the community against the use of offenders in performing community work ?

Were the offenders exposed to the public as they might be in Hong Kong - if they were required to undertake any form of public work ?

Were the offenders required to undergo detention either mid-week or at weekends whilst performing their tasks ?

Did the offenders operate as individuals or in group activities ? Any evaluation on the merits of group versus single activity ?

The report indicates that CSOs are given in lieu of prison sentences but, were any orders made in lieu of other sentences e.g. Borstal ?

Is the minimum age of 17 years considered suitable and is there any maximum age beyond which CSOs are not considered suitable ?

Have CSOs worked in the case of offenders having no sound family background or suitable social environment а feature which will affect Hong Kong offenders.

Statistics on success rates and numbers who completed their orders. Statistics on those sentenced to second or third CSOs and what percentage completed them.

Conclusions on whether work was best performed in mid- week evenings, solely at weekends or a combination of both.

The report indicates that the scheme was to be extended to areas other than the initial 6 trial areas. Was this implemented and has it achieved the same success as the scheme in the first 6 areas ?

Is it considered suitable for probation officers, who are normally employed full-time in dealing with probationers, to undertake supervision of those offenders carrying out CSOs ? Is it considered that a specialist cadre should be formed to deal exclusively with CSOs as opposed to probation or other forms of after-care (e.g. in Hong Kong those released from detention or training centres and DATCs)?

COMMUNITY SERVICE ORDERS SCHEME

Points of comparison between the UK existing and the HK proposed schemes

U.K.

H.K.

Intention

1.

The system to be of real benefit to

the community and help solve over-

crowded penal institutions.

The system would be a means of

employing offenders who are not

imprisoned in such a way as to

keep them away from public view.

Types of offender

2. Persons who would normally be

imprisoned for up to 12 months,

basically young offenders who

committed offences against public

property or facilities but who were

otherwise not real criminals and

therefore deserved some form of

punishment but not imprisonment.

Type of Work Order

3. Work which would be of a real

benefit and useto public institutions

such as hospitals or homes for the

aged.

Offenders who would not have a

sound family life to fall back on

and must therefore be occupied

fully in their leisure time so as

to prevent their committing

further crimes.

needs more thought but basically

out of the way jobs of benefit to

the rural rather than the urban

community.

b)

Group projects for greater ease

of supervision and administration

c) Not generally attached to other

community project teams (either as

volunteers or in normal employment)

as both volunteers and the regular

work force would regard the

association as reflecting against

4.

2.

the status of their contribution

and their jobs.

d) Not exposed to public comment

or ridicule.

e) Work within welfare or similar

institutions unlikely to be suitable

partly because of the type of

offender and partly because of the

reaction expected from elderly or

disabled people if they come into

direct contact.

Comments and Reactions from:

A Trade Unions

The T.U.C. was consulted before the

scheme was implemented and

difficulties have been few. The

work involved is basically work

which would otherwise not have been

done at all.

B Press

A press cutting agency was employed

which gave good coverage and reaction

was basically in favour of the project

in view of the facts that it is

cheaper than prison, may benefit the

offender, allows the offender to

continue in employment, work done

benefits the community and punishment

elements are intrinsic in the scheme.

Unlikely that objections would be

raised if the work involved was

truly community work.

Star of 20.1.72 gave favourable

report. HK Standard

non-

committal. SCMP and HK Standard

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19.1.73 non-committal and no

editorial comments available.

It is anticipated that members of

the public may think sentences too

light and may ridicule the workers.

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