Community Service

A sentencing option for persons convicted of crimes in which the court orders the defendant to
perform a number of hours of unpaid work for the benefit of the public.
A person convicted of a criminal offense may be required to complete a sentence of community
service directly or as an express condition of Probation. Typically, the community service will
involve performance at a facility that has been authorized by the court or probation department.
Community service is appropriate when it is reasonably designed to repair the harm caused by
the offense.
The aim of Community Service is to get you to pay back to the community in a positive way for
the damage caused by offending. Every year thousands of unpaid hours of work are completed,
benefiting many community and voluntary groups.
Instead of a prison sentence, convicted offenders may, instead, be given the opportunity by the Court to
perform unpaid work for the community. The legislation for Community Service Orders allows a Judge to
sentence an offender to between 40 and 240 hours work.
The offender must be 16 years or over to be considered and any Order made must be completed within a
year.
Community Service is a direct alternative to a prison sentence and an Order made will only be made by
the Judge where a custodial sentence has first been considered.
The Judge will ask the Probation Service to:
complete an assessment as to whether the offender is suitable or not to do community service, and
state whether there is work available to be completed.

A Probation Officer will interview the offender in preparing the report. The Judge will specify the sentence
to be served if the person fails to complete the order. The number of hours per week to be worked is
agreed with the Probation Officer.
It is the responsibility of the offender to complete the Community Service ordered. The Probation Officer
is responsible for bringing the case back to Court for any failure by the offender to complete the Order.
The aim of Community Service is for offenders to pay back to the community in a positive way for the
damage caused by offending. Every year thousands of unpaid hours of work are completed, benefiting
many community and voluntary groups.

Punishment and Sentencing

Punishment and sentencing in a conspiracy conviction depends on the evidence set forth in the
case. Punishment will be given in conformity with the applicable statutes[i].
While imposing a sentence, a court can use its discretion reasonably to consider various factors.
An appropriate sentence considers a defendants age, social and cultural background, past
criminal record if any, education, and experience. The defendants manner and attitude are also
taken into consideration. The motive to commit the offense and the nature of the offense are
additional factors considered when imposing a sentence[ii].
The maximum penalty for conspiracy is usually limited to the maximum punishment fixed for
the crime that the conspirators conspired to commit. A court can grant a sentence in a crime of
conspiracy to the extent of the maximum punishment fixed for the crime. Some state laws do not
require a strict ratio between crime and sentence. However, the sentence must not be extremely
inconsistent with the severity of the crime[iii].
An enhanced sentence can be given considering the nature and circumstances of the offense
committed. A conspiracy to kill or injure a person is a crime of violence and the conspirator to
that crime would be sentenced based on the rules of sentencing related to a crime based on the
use of physical force. The gravity of the offense will be considered and the conspirators are
subject to enhanced punishment. Likewise, if the crime was not due to a sudden provocation but
planned, the crime is more severe and the sentence could be more severe[iv].
Under some state laws, the trial courts sentence can be reversed only on appeal:

if it violates constitutional requirements;

if a judge was influenced by ill-will, prejudice, or impermissible

considerations; or

if the sentence exceeded the limit prescribed by a statute[v].

Generally, criminal procedures permit multiple sentencing. Hence it does not violate the
Constitution[vi]. For example, a federal statute provides that, whoever is being prosecuted for
any crime of violence or drug trafficking, if he/she uses or carries a firearm in relation to that
crime, they may be sentenced to an additional period apart from the sentence for the original
crime[vii].
- See more at: http://conspiracy.uslegal.com/punishment-andsentencing/#sthash.Iihge1Ax.dpuf