« Previous | Contents | Next »
Listen
National Objectives for Social Work Services in the Criminal Justice System: Standards - Supervised Attendance Orders
CHAPTER 3 : WORKING ARRANGEMENTS
The Sheriff or Justice
3.1Before making an SAO, the presiding sheriff or justice has a statutory responsibility to explain to the offender in ordinary language:
3.1.1The purpose the effect of the order;
3.1.2The offender's obligations and the consequences which may follow for not complying with any of its requirements;
3.1.3The power of the court to review the order on the application of either the Supervising Officer or the offenders.
The Clerk of Court
3.2The clerk of court should ensure that a leaflet explaining SAOs is enclosed with every citation to a fines inquiry court. At sentence, the court must ensure that there is a SAO scheme available in the area where the offender lives (or will Live), and that the other relevant criteria of section 235-237 and Schedule 7 of the 1995 Act are met. Circular SWSG1/98 lists the court areas at which schemes are currently available and the categories of offender which they cater for. This Circular is updated as new schemes are introduced.
Fines Officers
3.3If the court has a fines officer, the officer should tell all the offenders he or she is in contact with and who are being returned to the court for not paying all or part of their fines about the SAO and what it involves.
Fines Supervision
3.4Staff in social work departments responsible for fines supervision and the preparation of fines enquiry reports should tell offenders subject to fines supervision who are returning to a fines enquiry court about the SAO and what it involves.
3.5They should consider whether to suggest an SAO when preparing and presenting fines enquiry reports to the court. As a general rule, they should always recommend an SAO if a scheme is available where:
3.5.1the court is likely to consider a custodial sentence;
3.5.2it may not be appropriate to recommend amending the current conditions of payment, e.g. smaller instalments, more time to pay;
3.5.3any other reason which should be explained to the court.
3.6A recommendation for an SAO should wherever possible be discussed with the offender before the report is submitted.
The Court-Based Social Worker or Supervised Attendance Worker
3.7Where practicable a court-based social worker or supervised attendance worker should be available to explain what an SAO is about to any offender appearing, or scheduled to appear before a court:
3.7.1at the request of the sheriff or justice;
3.7.2at the request of the offender;
3.7.3on the initiative of the court social worker or supervised attendance worker;
3.7.4At the request of a non-custodial based social worker, or voluntary or specialist agency.
Post Sentence Procedures
3.8After an order is made, a copy must be given to the offender or sent to him or her by registered post or recorded delivery. The court must also send a copy to the chief social work officer for the area where the offender lives or intends to live. The social work department and the clerk of the court should agree arrangements for the local social work department to receive a copy of the order together with a copy of the complaint/indictment and the list of any previous convictions libelled in court by the fiscal from the clerk within 3 working days of the order being made.
3.9If an order is imposed under section 236(3) or 237(1) which brings the order into effect only if all or part of the fine is not paid, the clerk must not issue the order until the time allowed for payment has elapsed. The order is made at this point and the clerk calculates the hours to be served according to the amount which has been paid and enters this on the order. The arrangement set out in paragraph 3.8 above then comes into force.
3.10Where an order is made in one court but is to be served in the jurisdiction of another, the court making the order must send a copy along with other relevant documents and information to the clerk of the equivalent district or sheriff court in that area.
3.11The local social work department is responsible for making the necessary arrangements for court social work staff to send the order to the appropriate social work department office. This should be done within 2 days of the court social work unit receiving the order.
Available Information Relevant to Disposal
3.12When deciding what to do the court may take into account any available information from fines officers, fines enquiry or mean enquiry reports or any other source.
Responsibilities of the Supervising Officer
3.13The Supervising Officer must be a designated employee of the social work department and is responsible for holding the order and taking any action necessary to enforce it. When an order is made the Supervising Officer must interview the offender within 7 working days of the order being made and do the following:
3.13.1give the offender a copy of the order;
3.13.2confirm the offender's name, address and employment circumstances (including the times of any work);
3.13.3explain clearly the nature of the order so that the offender understands his or her obligations and rights. The offender must sign and date the back of 2 copies of the order to show that he or she understands it, and these must be countersigned by the Supervising Officer. The top copy must be kept on file as evidence;
3.13.4outline the powers of the court if the offender does not comply with any of the requirements of the order;
3.13.5outline the powers of the court if the Supervising Officer or the offender applies for a review of the order
3.13.6tell the offender how he or she can be contacted if any problem arises.
Drawing Up an Order Plan
3.14This task may be done either by the Supervising Officer or by a staff member of any agency with whom the local authority has contracted to provide and manage programmes of activity (the 'contract manager').
3.15When an order is made offenders will normally commence the 10 hour core induction unit or module no later than 3 weeks from the date on which the Supervising Officer received the order. Whilst this is happening, the Supervising Officer or contract manager should draw up an order plan of activities taking account of the following:
3.15.1The offender's availability;
3.15.2What activities are currently available and where;
3.15.3Any special requirements;
3.15.4The nature of the current offence or of any previous convictions which suggest that the offender could pose some risk;
3.15.5The interests and aptitudes of the offender;
3.15.6The length of the order;
3.15.7Whether the offender was previously the subject of an SAO.
3.16The offender must be given instructions in writing about when and where to attend, wherever possible covering all the required sessions.
3.17The Supervising Officer or contract manager must notify the offender in writing if these instructions are changed, and provide amended or fresh instructions.
3.18The offender must sign and date the original instructions and each set of new or amended instructions. The top copy must be kept in the offender's case file.
3.19The instructions must make provision for completing the required number of hours within 12 months of the date the order is made or comes into effect. As a guideline it is anticipated that orders should normally be completed within 6 months.
3.20Normally one session should not be less than two and a half hours long.
3.21Offenders should be given instructions to attend at regular times and over successive weeks, except where personal circumstances make this difficult.
3.22No offender should normally be required to attend for more that 15 hours or 6 sessions each week.
3.23The Scottish Executive will advise authorities about any changes in the arrangements which apply for paying the travel expenses of offenders. The current arrangements are set out in Annex 4.
Keeping a Record of Hours of Attendance
3.24The Supervising Officer must record on file:
3.24.1The hours completed at each activity session;
3.24.2All absences;
3.24.3The cumulative total of completed hours;
3.24.4Observations on attendance, punctuality and behaviour, as provided by the activities manager.
3.25The SAO case file is the official record held by Criminal Justice Social Work Services and the offender may see it if he or she wants to. It records the information in the attendance sheets completed by agencies providing activities. This access accords with the Access to Personal Files Act 1987, and its associated regulations and procedures. This does not prejudice the offender's right to see any record of hours attended.
3.26Offenders must be credited for the activities they undertake as part of an SAO with the following provisions:
3.26.1Agencies must only ask offenders to undertake activities which have previously been agreed with the Supervising Officer or contract manager;
3.26.2Time to assemble equipment such as scaffolding and to clean and put away tools should be included in the hours to be credited;
3.26.3Standards of behaviour during any breaks for tea or meals should be the same as those expected whilst activities are being carried out;
3.26.4When the offender reports as told to, the activity cannot begin and no suitable alternative can be found, the offender should be credited with two and a half hours;
3.26.5If the offender reports and the activity begins but cannot continue and nothing else can be found, the offender should be credited with the number of hours attended or two and a half hours, whichever is greater;
3.26.6Where the total time spent travelling to and from the reporting point is more than one hour per session, the amount of time over one hour should be credited in full;
3.26.7Time for meal or tea/coffee breaks should be credited with the proviso that they do not exceed half an hour per five hours of activity;
3.26.8Time spent with the supervising or contract manager in drawing up an order plan and supervising/managing the order should not be credited.
« Previous | Contents | Next »