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ANNEX A SUMMARY OF COMMUNITY PENALTIES CURRENTLY AVAILABLE IN SCOTLAND
There is a wide a range of community penalties currently available in Scotland:
Probation
The main purpose of probation is to work with offenders to prevent or reduce their reoffending by combining oversight and control with help to learn new behaviours and to deal with problems associated with offending. Probation orders can be used flexibly by the courts and additional conditions can be attached to them, for example: requiring the offender to undertake unpaid work; requiring financial recompense to the victim or attendance at a specialist programme such as alcohol or drug treatment. An offender can be placed on probation for a period of between 6 months and 3 years. 8,400 probation orders were made in 2005/06.
Community Service Orders ( CSOs)
Legislation currently restricts the use of CSOs to cases which would otherwise have resulted in imprisonment or detention. An offender given a CSO is required to carry out unpaid work of benefit to the community for 80-240 hours in summary cases and up to 300 hours in solemn cases. Work placements, are organised/supervised by local authority staff, and take many forms. 5,900 CSOs were imposed by courts in 2005/06.
Supervised Attendance Orders ( SAOs)
SAOs are an alternative to custody for fine defaulters which provide a "fine on time". The participant is required to undertake a programme of activities to stimulate the constructive use of time which can include an educative element or involve unpaid work in the community. The maximum number of hours for one order is 100, to be completed within 12 months. In 2005/06, 3,849 SAOs were made by courts.
Restriction of Liberty Orders ( RLOs or "Tagging")
The offender, who must be 16 or over, may be restricted to a particular place(s) for up to 12 hours per day for up to 12 months. Compliance with the order is electronically monitored by a commercial contractor by means of a transmitter (tag) worn by the offender on his or her ankle. 1,651 RLOs were imposed in 2006.
Drug Treatment and Testing Orders ( DTTOs)
DTTOs offer an intensive regime of drug treatment and testing with regular review by the courts. They target those whose offending is linked to a drug problem - e.g. stealing to fund a drug habit. DTTOs aim to help offenders overcome drug addiction, and reduce/eliminate the need to offend. Those placed on a DTTO are required to undertake regular testing and treatment. They also reappear before a sheriff every month to account for their behaviour. DTTOs are available in the High Court and sheriff courts. 599 DTTOs were imposed in 2005/06.
Pilot Exercises
Supervised Attendance Orders
First Instance - At present, offenders have to default on a fine before a court can impose an SAO. A pilot is under way in two areas allowing an SAO to be used as a disposal of first instance where a fine might have been imposed, but the court considers that the offender would be unable to pay the fine. The pilot will be fully evaluated prior to any roll-out.
Structured deferred sentences ( SDS)
Deferment of sentence for good behaviour is frequently used by courts. SDS (currently being piloted in three areas) will allow work to take place with the offender during the deferment to address his or her needs as a lower level alternative to probation.
Community Reparation Orders ( CROs)
Ministers decided that pilots of CROs should end on 31 December 2007, based on independent research which found that they had not been effective 15.
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