Photo: RNZ / Calvin Samuel

In September, following a trial that captivated the country, retired eye surgeon Philip Polkinghorne was found not guilty of murdering his wife, Pauline Hanna.

But in November it was sentenced to 150 hours of community service for drug possession.

Polkinghorne’s defense suggested he be fined about $650, Judge Graham Lang said. The maximum fine that could be imposed was $1,000.

But given the Auckland doctor’s “sound financial situation”, Lang said, “a fine would have no deterrent effect and would not be enough to hold you accountable for your offending”.

We do not know where Polkinghorne will carry out his community work. But like most offenders, his sentence will be served in the community rather than in prison.

What does community work involve?

This is one of many sentences and orders that can be served in the community. As the name suggests, it involves carrying out unpaid work.

The Sentencing Act 2002 sets out the hierarchy of sentences and ordersfrom least to most restrictive. The least restrictive is release, or an order to stand trial if called. Therefore, no sentence was imposed. Then come the fines and payments. Then, community sentences of work and community supervision, followed by intensive supervision and community detention. Next line: home detention. The most restrictive? Imprisonment, of course.

Toni Stewart, head of probation at the Department of Corrections, said those subject to community service carry out a wide range of supervised work benefiting local communities.

“Projects can range from building benches for parks, to planting native trees and growing vegetables for donation, to making thermal blankets from recycled crisp packets.”

It is up to the appropriate probation officer to determine what work an offender will perform. The officer will consider things such as the person’s offense, their personal circumstances, and their needs and skills.

If an offender has an organization in mind, they can discuss it with their probation officer.

The work is done either as a team, supervised by community probation staff (this is called a center placement), or on an individual basis through an agency placement.

By the numbers

In the last financial year, more than 30,000 community sentences were served (an offender can serve more than one at any time), according to data released on November 7 by Statistics New Zealand. Meanwhile, fewer than 10,000 people were in prison.

Community offenders were most likely to have traffic offenses as their most serious convictions (24 percent), followed by acts intended to cause harm (20 percent) and offenses against justice (11 percent), according to correctional services.

The most serious offense committed by a prisoner was most likely to be sexual assault (21%), followed by acts intended to cause harm (20%) and burglary (11%).

And members of both groups were most often men aged 30 to 39. Just under half of community offenders and just over half of prisoners were Māori.

In 2023, offenders across the country completed more than 660,000 hours of community service.

How long can an offender complete his sentence?

Community service sentences can vary from 40 to 400 hours.

Offenders are encouraged to complete their hours as quickly as possible, within certain limits. They can only work 10 hours a day or 40 hours a week. And they must serve at least 100 hours every six months, or the remainder of their sentence.

Chris Wilkinson-Smith, immediate past president of the Criminal Bar Association and a litigator for more than 25 years, knows people who have been sentenced to almost 400 hours.

Often, offenders also work full time and have families.

“That’s where it becomes a real punishment,” he said. “What little free time they have is devoted to community work.”

If an offender is sentenced to 80 hours or more, the court may allow up to 20% of those hours to be spent learning job and basic skills, such as cooking, driving, budgeting, etc. .

Can you choose your investment?

Probation officers will consider the offender’s employment history as well as factors such as “compliance, risk level, gang affiliations and any health issues,” Stewart said.

“We also consider factors such as current employment and family obligations when scheduling community service hours.”

Offenders can suggest a particular charity or volunteer organization that is looking for help, Wilkinson-Smith said.

But some groups aren’t comfortable with taking in an offender, he said. And an investment cannot be considered a “soft option”.

“It has to be real work.”

Cases where an offender has specialized skills and a team is needed to help them perform those skills (like surgery, for example) can be more difficult, he said.

“If all parties are willing, there may be an opportunity… 150 hours of specialized service is a valuable thing.”

For decades, starting in the 1980s, Wellingtonian Russell Taylor managed and supervised community offenders. He told RNZ that in his experience offenders – and the community – benefited most from placements tailored to each individual’s skills and interests.

One delinquent didn’t do well in a group, Taylor recalled. Taylor equipped the man with wood cutters and pruning shears and asked him to cut an overgrown trail in the Aro Valley.

“It took him four weeks. Yes, he probably laid out in the sun for part of it. But he worked much better alone than in a group. And that track became an incredibly popular walking track.”