CHAPTER 1
INTRODUCTION
1.1 The Scottish Government in conjunction with its partners, has commissioned a major review of the existing National Objectives and Standards for Criminal Justice Social Work. The format of the new standards which will be published later in 2009, will adopt a more outcome focused approach, supported by detailed operational guidance where this is necessary.
1.2 This supporting guidance is intended to translate section 8 - 'Reparation' in the new high level standards into an operational framework for the delivery of community disposals where the court has specified a period of unpaid work - currently Community Service Orders and unpaid work as a condition of a probation order (section 229 of the Criminal Procedure (Scotland) Act 1995). Section 8 'Reparation' states:
"Reparation programmes enable offenders to 'pay back' for the harm that they have caused and to demonstrate that they are capable of change. Reparation makes sense to communities and the general public and can enhance the credibility of criminal justice social work services. Through reparation offenders can develop personal responsibility for their actions, enhance their employability and improve their relationship with local communities. The opportunity to make reparation should be available to all offenders".
This guidance replaces the community service section (blue pages) of the existing standards.
Objectives
1.3 The main objectives for Community Service (including unpaid work as a condition of a Probation Order) are:
- To provide Scottish criminal courts with a credible community based penalty, which has the potential to achieve a positive outcome in respect of the offender's future likelihood of re-offending;
- To achieve a high degree of credibility with the Scottish public and judges as a high quality intervention, which balances the requirement that offenders pay back for their crimes to communities with opportunities to help them move their lives on;
- To ensure that courts have access at all times to a community disposal, which offers a credible alternative to a sentence of imprisonment or detention, by requiring the offender to undertake unpaid work for a specified number of hours for the community;
- To provide offenders with an opportunity to develop their interpersonal and vocational skills to enhance their employability prospects.
Key Guiding Principles
1.4 Achievement of these objectives will require schemes to have regard to the following key guiding principles:
Purpose
Immediacy
Safety
Speed
Visibility
Equal Opportunities
Compliance
Purpose
1.5 Community Service should not only offer a challenge to the offender but also provide him/her with the opportunity to develop interpersonal and vocational skills to support continued desistance from further offending after the end of the Order. At the same time the work undertaken as well as being reparative, should be of clear tangible benefit to the local community. Community Service placements should not be used in situations which are likely to deprive others of opportunities for paid employment.
Immediacy
1.6 For Community Service to have credibility with the wider public and in particular the victims of the offence and their supporters who may be in court to hear sentence being passed it is important that the offender should not leave court without him/her being given a copy of the Order by a member of the court social work team. This will provide opportunity for the requirements of the Order and the reporting arrangements for induction to be reinforced.
1.7 Where in exceptional circumstances it is not possible for this to take place on the same day of sentence within the court or the office of the court social work team, the offender should be required to attend an initial appointment the next working day. This does not require to be with a member of Community Service team - for example it could be with a duty officer - but this arrangement will ensure that the offender understands and agrees at the earliest possible opportunity to the terms of the Order and the next stages.
1.8 Where a community penalty(ies) has been imposed the Scottish Court Service will at the end of court business that day provide the local authority with an electronic copy of all Orders. This will ensure that authorities have the earliest possible notice of all cases requiring supervision.
1.9 Arrangements should be made for the offender to undertake an induction programme within 5 working days of the Order being made.
1.10 The work placement should commence later on the induction day or within one working day of induction having taken place. To achieve these timescales it may be necessary for an offender to be placed temporarily within a group placement until a more permanent placement can be identified.
1.11 The overall intention is for the offender to commence work within 7 working days of the Order being made by the court.
Safety
1.12 The principal considerations in determining the suitability of an offender to undertake a particular placement must be the physical safety of any person residing or working in the placement including the Community Service supervisor in group placements. The Social Enquiry Report will always include an assessment of risk of re-offending and harm but further assessment will be required once an Order has been made. Special consideration with regard to appropriate placements is required to those who present the greatest levels of risk such as sex offenders.
1.13 Any work teams or individual placements, must meet the requirements of health and safety regulations and take regard of the additional social personal and health needs of individual offenders.
Speed
1.14 It is important that the Order is completed within the shortest possible timescale without prejudicing an offender's employment or entitlement to benefits. Completion should normally be achieved within 6 months of the Order being imposed by the court, even where the offender is in employment although it is acknowledged that this may present particular challenges for longer Orders. A focused period of activity for the offender will ensure that the link between the offence and the punishment is maintained.
Visibility
1.15 To achieve credibility with local communities, consultation should be carried out with representative groups regarding the types of reparative activity to be carried out together with information on actual work undertaken. Consideration should be given to the most effective means of ensuring that local communities are made aware of the reparation made by offenders within their areas.
Equal Opportunities
1.16 A sufficient range of placements must be made available to offenders irrespective of gender, sexual orientation, ethnicity, disability, age or religion. Community Service Schemes also require to ensure that placements can accommodate offenders with inescapable commitments relating to paid employment, education and domestic circumstances.
Compliance
1.17 Rigorous and robust breach procedures are essential if Community Service is to be regarded as providing a credible community penalty. In those situations where an offender has failed to comply with an Order after the third unacceptable absence/failure to meet requirement the offender should be notified and a breach report submitted to the court within five working days.