NCJA looks at local authority preparations for new community sentence
The Northern Community Justice Authority (NCJA) is seeking more information from north councils on their preparedness to introduce a new community sentence for offenders.
The Community Payback Order (CPO) will replace existing provisions for Community Service Orders, Probation Orders, Supervised Attendance Orders and the former Community Reparation Order.
Other existing Court Orders, Drug Treatment and Testing Orders and the Restriction of Liberty Order remain unchanged, however.
CPOs will come into force at a date yet to be determined by Scottish Ministers thought likely to be towards the end of this year or early next year.
They will alter the way in which services to offenders are planned and delivered: at present Community Service Orders have to be completed within a year, with any extension requested from the court.
Unpaid work as part of a Community Payback Order has to be completed in three months if the number of hours is between 20 and 100, and within six months if between 101 and 300 hours.
Members of the NCJA received a report at a meeting in Shetland on Friday (September 17) to look at local authorities’ planning and the preparedness of Criminal Justice Social Work Services for the delivery of CPOs.
But they were unable to get a full picture, and heard there is local and national uncertainty about the potential level of demand, the extent to which courts will impose the additional requirements and therefore the impact on Criminal Justice Social Work services.
The NCJA covers the local authority areas of Aberdeen City, Aberdeenshire, Eilean Siar (Western Isles), Highland, Moray, Orkney and the Shetland Islands.
Membership of the authority is made up of elected councillors from all seven authorities.
Its role is to bring together a range of partners with the purpose of reducing re-offending, improving the management of offenders and making communities safer.
CPOs are designed to achieve a number of objectives including:
having a positive impact on individuals to help them address and change the behaviours which contribute to their offending, thereby improving the safety of local communities.
to require individuals to make payback to the community by means of changing offending behaviours and providing opportunities to reintegrate themselves into society as law abiding and contributing citizens
A CPO will consist of a number of requirements. From these the Court may select one or more in deciding on the makeup of the Order. The requirements are:-
The Scottish Government will publish guidance on the operation of the Community Payback Order soon and social work staff will be provided with appropriate training during the autumn.
Members of the NCJA agreed to accept a more detailed report at a future meeting, when criminal justice social workers have had the chance to attend training and national guidelines have been introduced.
But councillors heard the implementation of CPOs will “undoubtedly create a number of challenges” for criminal justice social work services, including:
Offences committed prior to the date of implementation of CPOs will be subject to existing legislation and as a result, current sentencing options and CPOs will be run in tandem, potentially for up to three years. Local authorities are as yet unaware if this will require two different sets of Performance Indicators, which may present difficulties for existing IT systems.
The reduction in time to complete a CPO will present a significant challenge to Criminal Justice Social Work and although statistics are not available to indicate the potential increase in orders, the proposed changes may in themselves present finance/resource issues.
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