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National Objectives for Social Work Services in the Criminal Justice System: Standards - Supervised Attendance Orders
CHAPTER 5 : BREACH, REVIEW AND COMPLETION
Breach
5.1If the offender falls short of the required standards when the Supervising Officer has taken reasonable steps to enable him or her to complete the order and where formal action to enforce the order has not worked, the Supervising Officer must institute breach proceedings under Schedule 7(4) of the Act. The offender may contest an alleged breach and, to prove it, certain standards of evidence are necessary. The following guidance on how to proceed has been agreed by SWSG and the Crown Office.
5.2Supervising Officers must make breach applications to the court without delay and liaison arrangements with court clerks must make provision for applications to be dealt with quickly. The form of these applications is set out in Annex 5. Proceedings should be introduced within 5 working days of the decision to institute them.
5.3Procurators fiscal lead the evidence in any breach proceedings. It is therefore essential that the social work department and procurators fiscal should agree local procedures in the light of this guidance and any further Central Government guidance to review whether there is sufficient evidence in individual cases.
Evidence
5.4Any prosecution for breach may be challenged and must be supported by sufficient evidence. The evidence of one witness is sufficient to establish a failure to comply with the requirements of Schedule 7(4) of the 1995 Act.
Failing to Attend
5.5Two matters must be proved in each case of breach for failing to attend; first, that the offender was given and received instructions to attend detailing the date, place and time; and second, that the offender did not attend as instructed and that the supervisor was aware of no reasonable excuse. Evidence that the offender failed to attend as instructed may be obtained if a member of staff is present to witness the absence.
Punctuality
5.6The standard of evidence necessary to prove a lack of punctuality is the same as for failing to attend.
Failing to Report to the Supervising Officer as Required
5.7To gather evidence to prove a breach it is necessary:
5.7.1To show that instructions to report were given and received;
5.7.2To show that the offender failed to report as instructed (without reasonable cause).
5.8To do this the following should be recorded in the case file:
5.8.1Evidence that instructions to report were given either by recorded delivery or orally;
5.8.2Evidence that the offender did not report by confirming with at lease one other staff member that the offender did not report and recording this in the case file.
Failing to Notify a Change of Address
5.9To prove a breach on these grounds it is necessary to establish:
5.9.1The address from which the offender has moved;
5.9.2The fact that he or she no longer lives at this address.
5.10To do this it is necessary to show:
5.10.1That the offender has acknowledged that he or she was living at the given address. This is why the offender must sign the order which records his or her current given address and why this signature must be witnessed. Any change of address which the offender notifies must be recorded in the case file and witnessed in the same way.
5.11There are 2 ways of establishing that the offender is not longer living at the given address:
5.11.1If the offender is living with others, to call at the address and ask other residents to testify that he or she no longer lives there. Information about this visit must be recorded in the case file;
5.11.2If the offender is living alone, to call at least twice or to send at least 2 letters by recorded delivery (it is essential to keep receipts showing the letters have been sent and the return envelope stamped by the post office).
5.12The Supervising Officer must confirm with all staff who may have had contact with the offender that no change of address has been notified.
5.13Information about either of these ways of proving a breach must be recorded and kept in the case file.
Failing to Notify a Change in Employment
5.14Although technically possible, it is most unlikely that supervised attendance staff will need to use these grounds alone for instituting breach proceedings.
Unsatisfactory Performance
5.15Where breach proceedings are being considered on these grounds it is necessary to ensure that:
5.15.1The behaviour constituting the unsatisfactory performance is witnessed by a staff member.
Reports
5.16Each application to institute breach proceedings must be accompanied by a report prepared by the Supervising Officer which provides information and expresses a view about:
5.16.1When and where the offender was required to carry out the activities, what they were and how the offender responded;
5.16.2How well overall the offender complied with the requirements of the order.
The report should also include general information about the offender and his or her circumstances.
The Power of the Court
5.17If the court is satisfied that the offender has failed to comply with the order it may:
5.17.1Revoke the order and impose a period of imprisonment. This must not exceed 3 months in the sheriff court or 60 days in the district court; or
5.17.2Vary the number of hours specified in the order.
5.18Where the offender is subject to more than one order running either consecutively or concurrently the way the court deals with the breach of one order can affect the other orders. Where there are concurrent orders, the breach may be considered a breach of both orders; where there are consecutive orders, the Supervising Officer may refer in the breach report to the existence of the other order and request a review provided that the order was not make by a different court.
Procedures for Reviews
5.19Either the Supervising Officer or the offender may apply to the court to amend or revoke an SAP (Schedule 7(5) of the 1995 Act). Two criteria should inform any application:
5.19.1Circumstances have arisen which affect the capacity of the offender to comply with all or part of the order;
5.19.2The court should consider amendment or revocation in the interests of justice.
5.20The 1995 Act does not specify any specific grounds for revocation or amendment. However, the following are the most likely grounds for making an application:
5.20.1An illness (medically certified) extending over a sufficiently long period of time to prevent the offender from performing the order in a satisfactory manner;
5.20.2A period of custody served during the currency of the order which prevents the offender from carrying out the order;
5.20.3A move to a place where there is no SAO scheme or where the scheme is unable to accept the transfer;
5.20.4Employment requirements which make it impossible for the offender to attend to carry out the order.
5.21Applications for review should not be used as a substitute for breach proceedings.
5.22If the court is satisfied with an application it may:
5.22.1Vary the number of hours specified in the order;
5.22.2Extend the 12 months period allowed to complete the order;
5.22.3Revoke the order; or
5.22.4Revoke the order and impose a period of imprisonment. This period must not exceed 3 months in sheriff court or 60 days in the district court.
Satisfactory Completion
5.23When an SAO is completed satisfactorily, the Supervising Officer must submit a report within 14 days through the clerk of court to the sentencing sheriff or justice. The report should describe briefly where the offender carried out the activity and what he or she did and how well he or she did it.
5.24The Supervising Officer should ensure the offender is made aware of the implications of how he or she is affected by the Rehabilitation of Offenders Act 1974.
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