10 October 1991

Dear Director

COMMUNITY SERVICE BY OFFENDERS SCHEMES

BREACH PROCEDURES AND STATUS OF CONSECUTIVE ORDERS

Summary

1. This Circular seesk to clarify Section 7 of the National Objectives and Standards for the operation of Community Service by Offenders Schemes in Scotland issued in March 1991, which sets out the policy and practice for Breach Proceedings.

2. It has been brought to our notice that there is some confusion regarding the interpretation of these standards in relation to the status of consecutive orders. It has therefore been decided to issue this guidance on dealing with consecutive orders.

3. In cases where an offender is sentenced to complete more than one community service order, the hours worked should in total each day/week be attributed to fulfilling the requirements of the first order made, and thereafter the following orders made on a consecutive basis. Where a number of orders are made by the court on the same occasion in relation to the same offender, and the court does not specify that they are to run concurrently these orders should be treated as consecutive orders.

4. Should a breach occur it will relate only to the order under supervision at that time ie if an offender is sentenced to 3 consecutive community service orders and a breach occurs during the supervision of the second order, the first order will be considered completed, the second to be subject to breach action and the third order will still stand to be completed.

5. Contact Point

If you have any queries about the contents of this Circular, please contact Fiona Kos, Social Work Services Group, Room 13, James Craig Walk, Edinburgh EH1 3BA

(Telephone 0131-244-5440).

Yours faithfully

J KIRBY