Criminal Justice (Community Service) Act, 1983

What is this act about?

This law allows courts to order offenders to perform unpaid community work instead of traditional sentences like imprisonment, for certain offenses. It sets out the conditions for making such orders and the requirements for offenders.

Who it applies to: Persons aged 16 years or older convicted of offenses that would otherwise result in penal servitude, imprisonment, or detention in Saint Patrick's Institution; Courts, probation and welfare officers, and the Minister for Justice.

Deadlines:

Persons aged 16 years or older convicted of offenses that would otherwise result in penal servitude, imprisonment, or detention in Saint Patrick's Institution.

At a glance

Country: Ireland
Area of law: Criminal law
Articles: 16
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The conditions under which a court can issue a community service order.
The number of hours of unpaid work an offender must perform.
The procedures for managing and enforcing community service orders, including what happens if an offender fails to comply.
The process for extending the time to perform work or changing an offender's district of residence.

Who does this act apply to?

Persons aged 16 years or older convicted of offenses that would otherwise result in penal servitude, imprisonment, or detention in Saint Patrick's Institution.
Courts, probation and welfare officers, and the Minister for Justice.

What are the key points?

A community service order requires an offender to perform unpaid work for a specified number of hours, between 40 and 240.
The court must be satisfied that the offender is suitable and has consented before making an order.
The work must generally be performed within one year from the order's date, but this period can be extended.
Failure to comply with the order's requirements without reasonable excuse is an offense, punishable by a fine not exceeding £300, or the court may revoke the order and deal with the original offense.

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Criminal law

Legal text

Contents (16)

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16

Criminal Justice (Community Service) Act, 1983 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1983 Criminal Justice (Community Service) Act, 1983 Criminal Justice (Community Service) Act, 1983 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 23 of 1983 CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Persons to whom Act applies.

Section 3

Community service order.

Section 4

Conditions required for making of community service order.

Section 5

Previsions regarding more than one community service order.

Section 6

Provisions consequential on making of community service order.

Section 7

Requirements under community service order and failure to comply with such requirements.

Section 8

Alternative methods of dealing with offence under section 7 (4).

Section 9

Extension of time for performance of work under community service order.

Section 10

Change of residence by offender.

Section 11

Revocation of community service order.

Section 12

Jurisdiction.

Section 13

Power to summon or order arrest.

Section 14

Regulations.

Section 15

Expenses.

Section 16

Short title and commencement.

Number 23 of 1983 CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT, 1983 AN ACT TO MAKE FURTHER PROVISION FOR DEALING WITH PERSONS CONVICTED OF CERTAIN OFFENCES AND TO PROVIDE FOR CONNECTED MATTERS. [13th July, 1983] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act— “community service order” has the meaning assigned to it by section 3 ; “court” does not include a Special Criminal Court; “district of residence” has the meaning assigned to it by section 6 ; “the Minister” means the Minister for Justice; “offender” has the meaning assigned to it by section 2 ; “probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer or to be a welfare officer or probation officer; “relevant officer” means a probation and welfare officer discharging functions under this Act.

(2)A reference in this Act to a section is to a section of this Act and a reference to a subsection is to a subsection of the section in which the reference occurs.

Persons to whom Act applies.

2.—This Act applies to a person (in this Act referred to as an “offender”) who is of or over the age of 16 years and is convicted of an offence for which, in the opinion of the court, the appropriate sentence would but for this Act be one of penal servitude, of imprisonment or of detention in Saint Patrick's Institution, but does not apply where any such sentence is fixed by law.

Community service order.

3.—(1) Subject to section 4 , the court by or before which an offender is convicted may, instead of dealing with him in any other way, make, in respect of the offence of which he is convicted, an order (in this Act referred to as a “community service order”) under this section.

(2)A community service order shall require the offender to perform, in accordance with this Act, unpaid work for such number of hours as are specified in the order and are not less than 40 and not more than 240.

(3)Nothing in this section shall be construed as preventing a court which makes a community service order from making, in relation to the offence in respect of which the order is made, an order under any other enactment for— (a) the revocation of any licence, (b) the imposition of any disqualification or endorsement, (c) the forfeiture, confiscation, seizure, restitution or disposal of any property, or (d) the payment of compensation, costs or expenses.

Conditions required for making of community service order.

4.—(1) A court shall not make a community service order unless the following conditions have been complied with: (a) the court is satisfied, after considering the offender's circumstances and a report about him by a probation and welfare officer (including, if the court thinks it necessary, hearing evidence from such an officer), that the offender is a suitable person to perform work under such an order and that arrangements can be made for him to perform such work, and (b) the offender has consented.

(2)Before making a community service order in respect of an offender the court shall explain to him— (a) the effect of the order and, in particular, the requirements of sections 7

(1)and 7

(2), (b) the consequences which may follow under sections 7

(4)and 8 if he fails to comply with any of those requirements, and (c) that under this Act the District Court may review the order on the application of either the offender or a relevant officer.

Provisions regarding more than one community service order.

5.—(1) Notwithstanding subsections (2) and (3), where more than one community service order is in force in respect of an offender at any time, the total number of hours which the offender is required to work under such orders shall not exceed 240.

(2)Where a court makes community service orders in respect of two or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders.

(3)Where a court makes a community service order and there is in force in respect of the offender at the time of the making of that order another such order (whether made by the same or a different court) the court making the later order may direct in that order that the hours of work specified therein shall be concurrent with or additional to those specified in the earlier order.

Provisions consequential on making of community service order.

6.—(1) A community service order shall specify the district court district (in this Act referred to as the “district of residence”) in which the offender resides or will reside while performing work under the order.

(2)The court by which a community service order is made shall cause certified copies of the order to be sent— (a) to the justice of the District Court assigned to the district of residence, and (b) to a specified relevant officer in the district of residence, who shall give a copy to the offender.

Requirements under community service order and failure to comply with such requirements.

7.—(1) An offender in respect of whom a community service order is in force shall— (a) report to a relevant officer as directed from time to time by or on behalf of the officer referred to in section 6

(2)or 10

(2)or by or on behalf of an officer discharging functions previously discharged by that officer, (b) perform satisfactorily for the number of hours specified in the order such work at such times as he may be directed by or on behalf of the relevant officer to whom he is required to report under this subsection or by or on behalf of an officer discharging functions previously discharged by that officer, and (c) notify the officer to whom he is required to report under this subsection of any change of address.

(2)Subject to section 9 , the work to be performed under a community service order shall be performed in the period of one year beginning on the date of the order but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.

(3)Directions given under subsection (1) (b) shall, so far as practicable, avoid any interference with the times the offender normally works or attends a school or other educational or training establishment.

(4)An offender who fails, without reasonable excuse, to comply with a requirement of subsection (1) shall be guilty of an offence and, without prejudice to the continuance in force of the community service order, shall be liable on summary conviction to a fine not exceeding £300.

(5)An offence under subsection (4) may be prosecuted by a relevant officer.

Alternative methods of dealing with offence under section 7

(4).

8.—(1) Where an offender is convicted of an offence under section 7

(4), the court, in lieu of imposing a fine under that section, may— (a) if the community service order was made by the District Court in the district of residence, either revoke the order or revoke it and deal with the offender for the offence in respect of which the order was made in any manner in which he could have been dealt with for that offence if the order had not been made, or (b) if the community service order was made by the District Court in a district court district other than the district of residence or by another court, remand the offender to the District Court in that other district or to that other court to be dealt with in accordance with subsection (2).

(2)Where, by virtue of subsection (1) (b), an offender in respect of whom a community service order is in force is brought or appears before a court, the court shall either revoke the order or revoke it and deal with the offender for the offence in respect of which the order was made in any manner in which he could have been dealt with for that offence if the order had not been made.

Extension of time for performance of work under community service order.

9.—Where a community service order is in force and, on application by the offender or a relevant officer, it appears to the District Court that it would be in the interests of justice, having regard to circumstances which have arisen since the order was made, to extend the period of one year specified in section 7

(2), the court may, in relation to the order, extend that period.

Change of residence by offender.

10.—(1) Where a community service order is in force and, on application to the District Court by the offender or a relevant officer, the court is satisfied that the offender proposes to change, or has changed, his residence from the district of residence to another district court district and it appears to the court that arrangements can be made in that other district for the offender to perform work under the order, the court may amend the order by substituting the other district for the district of residence, and the district so substituted shall be deemed to be the district of residence for the purposes of this Act.

(2)Where a community service order is amended under this section, the court shall cause certified copies of the order as so amended to be sent to a specified relevant officer in the district of residence, who shall give a copy to the offender.

Revocation of community service order.

11.—(1) Where a community service order is in force and, on application by the offender or a relevant officer, it appears to the District Court that it would be in the interests of justice, having regard to circumstances which have arisen since the order was made, that the order should be revoked or that the offender should be dealt with in some other manner for the offence in respect of which the order was made, the court may— (a) if the order was made by the District Court in the district of residence, either revoke the order or revoke it and deal with the offender for that offence in any manner in which he could have been dealt with for that offence if the order had not been made, or (b) if the order was made by the District Court in a district court district other than the district of residence or by another court, remand the offender to the District Court in that other district or to that other court to be dealt with in accordance with subsection (2).

(2)Where, by virtue of subsection (1) (b), an offender in respect of whom a community service order is in force is brought or appears before a court and it appears to the court to be in the interests of justice, having regard to circumstances which have arisen since the order was made, to revoke the order or to revoke it and deal with the offender for the offence in respect of which the order was made in some other manner in which he could have been dealt with for that offence if the order had not been made, the court may either revoke the order or revoke it and so deal with the offender.

Jurisdiction.

12.—(1) The jurisdiction vested in the Circuit Court by this Act in respect of proceedings to which sections 8

(2)and 11

(2)relate shall be exercised by the judge of the circuit where the community service order was made.

(2)The jurisdiction vested in the District Court by this Act— (a) in respect of proceedings under section 7

(4), in respect of proceedings to which section 8

(1)relates and in respect of applications under sections 9 , 10

(1)and 11

(1), shall be exercised by the justice for the time being assigned to the district of residence, and (b) in respect of proceedings to which sections 8

(2)and 11

(2)relate, shall be exercised by the justice for the time being assigned to the district court district where the community service order was made.

Power to summon or order arrest.

13.—Where the District Court proposes to exercise its powers under section 9 , 10 or 11

(1)otherwise than on application by the offender, it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

Regulations.

14.—(1) The Minister may make regulations for the purpose of giving effect to this Act.

(2)Without prejudice to the generality of subsection (1), regulations under this section may— (a) provide for regulating the performance of work under community service orders, (b) limit the number of hours of work to be done under such an order on any one day, (c) make provision regarding the reckoning of time worked under such orders, (d) make provision for the payment of travelling and other expenses in connection with the performance of work under such orders, and (e) provide for records to be kept of the work done under such orders.

(3)Regulations made under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next twenty-one days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

15.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title and commencement.

16.—This Act may be cited as the Criminal Justice (Community Service) Act, 1983, and shall come into operation on such day as the Minister appoints by order.

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