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National Objectives for Social Work Services in the Criminal Justice System: Standards - Supervised Attendance Orders
CHAPTER 6 : THE TRANSFER OF ORDERS
General
6.1Where the change of address notified by an offender is to a new court area, the normal court of action will be for the Supervising Officer to seek to transfer the order. The order option is to consider a review, eg. where the offender has performed well and has almost completed the order or where there is no SAO scheme. Supervising Officers should plan transfers in advance if they can so that the transition is smooth. Supervisors should not apply to the court to transfer an order unless they are satisfied:
6.1.1That the move is not temporary;
6.1.2That the offender has actually moved.
6.2Supervising Officers in other areas should not supervise an order before the order is transferred except where there are special circumstances and only for short periods.
6.3Where an offender moves or intends to move to an area where there is no scheme, the Supervising Officer must tell the offender what the legal position is and what the powers of the court are. He or she should try wherever possible to arrange for the offender to complete the order more quickly, particularly because imprisonment could result from an application to the court to review the order. If this is not possible, the supervisor must apply to the court to review the order.
Outward Transfers
6.4The Supervising Officer is responsible to the court currently holding the order for:
6.4.1Requesting the officer in the new area to see the offender, confirm his or her exact address and that the move is not temporary;
6.4.2Give the officer in the new area the necessary information to decide whether to accept the transfer. Copies of written information held on file should not normally be sent before the transfer has been accepted;
6.4.3Confirm that the officer in the new area is willing to accept the transfer;
6.4.4When agreement is reached, send the officer in the new area:
aThe charge(s) and SAO(s);
bThe record of attendances, absences and hours completed;
cThe case notes.
An Offender Moving Outwith Scotland
6.5Where an offender has moved or intends to move outwith Scotland, to where there is no SAO scheme to which an order can be transferred, the Supervising Officer should take action as for paragraph 6.3 above including, if necessary, making application to the court for the order to be reviewed.
Inward Transfers
6.6The Supervising Officer for the court accepting the transfer should:
6.6.1Interview the offender, confirm the address at which he or she is staying or intends to stay and satisfy him or herself that the move is not temporary;
6.6.2Obtain from the officer requesting the transfer the information necessary to decide whether to accept it. Copies of information held on file should not be necessary to do this;
6.6.3Let the officer requesting the transfer know as soon as possible if it is accepted or not. If it is, make sure that the following information is received:
athe charge(s) and SAO(s);
bthe record of attendances, absences and hours completed;
cthe case notes;
da copy of the transfer order from the court.
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