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National Objectives for Social Work Services in the Criminal Justice System: Standards - Community Service
APPENDIX 4A: Procedural Guidance - Breach
COMMUNITY SERVICE BY OFFENDERS
PROCEDURAL GUIDANCE BREACH
1.The Supervising Officer, having discussed the action with the appropriate Senior social worker/Community Service Organiser should set out the information upon which the Court is asked to initiate action to breach the order.
2.The information should be detailed and the alleged failure or failures on the part of the offender should be clearly specified, particularly as to date. Though the evidence of one witness may be sufficient evidence in proving the breach a reference should also be included as to whether any other person can support the social worker in his allegation.
3.The Procurator Fiscal must then be made aware of the details of the alleged breach of Community Service. Such a step is necessary because failure by the offender to accept the details as they are stated in the breach will require the Procurator Fiscal to prove the breach.
4.Other than in respect of the High Court a copy of the report setting out the circumstances should be given to the Procurator Fiscal so that he may ensure that there is sufficient evidence of the breach. Following upon confirmation by the Procurator Fiscal of a decision to proceed with the alleged breach of Community Service, the documents should then be forwarded to the appropriate Clerk. In the case of the High Court breach applications and details of evidence should be presented to the High Court Unit at the Crown Office before the application is submitted to the Justiciary Office. Breach action must be raised in the court holding the order, eg. orders made by the High Court must be breached in the High Court. All subsequent references in the Sheriff Court should be read as High court if the order originated in the High Court.
5.Subsequently the Sheriff Clerk will contact the Supervising Officer with a view to arranging a time to see the Sheriff, in Chambers, to take an oath and swear to the information. The social worker will be required to sign the Breach Petition as will the Sheriff.
6.The appropriate papers will then be passed to the Procurator Fiscal who will arrange for the arrest or citation of the offender and for service of a document setting out the details of the breach.
7.Where the offender has been cited to appear at Court on a specified time and date, the social worker/Community Service Officer should be present in Court to support the breach proceedings.
8.Where the offender denies the breach the Procurator Fiscal will advise the Supervising Officer of the date and time fixed for the hearing.
9.If the offender accepts the grounds for the breach or the grounds are proved to the satisfaction of the Court following a Proof Hearing, the following disposals are possible:
a.Without prejudice to the continuance in force of the Order, impose on him a fine not exceeding level 4 in the scale of Fines
bRevoke the Order and deal with the offender in any manner in which he could have been dealt with for the original offence by the court which made the Order.
cSubject to section 238 of the Act, vary the number of hours specified in the Order.
10.If the offender denies the grounds for breach of Community Service, a date will be set by the Court for proof of breach. It will be the responsibility of the Supervising Officer to make available to the Procurator Fiscal all supporting documents.
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