CIRCULAR NO SWSG 14/95

10 August 1995

Dear Sir/Madam

CRIMINAL JUSTICE SOCIAL WORK SERVICES:

STANDARD REQUIREMENTS IN SUPERVISED RELEASE ORDERS

SUMMARY

1. This Circular is intended to advise local authority social work departments of a change to the legislation relating to Supervised Release Orders. This change will have the effect of inserting certain standard requirements in orders made on or after 1 September 1995.

BACKGROUND

2. Section 132 of the Criminal Justice and Public Order Act 1994 introduced a power allowing standard requirements to be inserted in the form of Supervised Release Orders. In exercise of that power, an Act of Adjournal (SI 1995 No. 1875 (S.122)) was made on 14 July 1995. This Act of Adjournal will come into effect on 1 September 1995. It substitutes a new form of Supervised Release Order, attached as Annex A, which includes a requirement for the offender to comply with certain standard requirements, namely

(a) to report to the supervising officer in a manner and at intervals specified by such officer; and

(b) to notify such officer without delay of any change of address.

3. The powers of the court to insert additional requirements, and of the supervising officer to specify any reasonable requirements, remain unchanged. Any Supervised Release Orders made on or after 1 September 1995 will be in the new form and will contain the standard requirements.

CONCLUSION

4. Local authority social work departments should note this change. The necessary changes to the guidance on Supervised Release Orders are being incorporated as part of the ongoing review of National Standards for Throughcare, which are expected to be issued for consultation this autumn.

5. Enquiries about any aspect of this Circular may be addressed to: Mr J Kirby, Social Work Services Group, Room 16, James Craig Walk, telephone 0131-244-5438 [ To holders of the SWSG Circulars and Guidance Package: This Circular should be placed in Section G.8 of the volume containing "G. Criminal Justice and H. Voluntary Activity" Circulars.] .

Yours faithfully

LESLEY CLARE

ANNEX A

Paragraph 2

FORM 96 Rule 83E

Under the Criminal Procedure (Scotland) Act 1975, section 212A

COURT:

ON 19

OFFENDER:

ADDRESS:

DATE OF BIRTH:

The court having sentenced the offender to imprisonment for a term of being not less than twelve months but less than four years: AND

being of the opinion that this order is necessary to protect the public from serious harm from the offender on his release: AND

having explained to the offender the effect of the order and the possible consequences for the offender of any breach of it including any failure to comply with the requirements mentioned below:

ORDERS that the offender shall, during a period of (insert period being a period not exceeding 12 months or extending beyond the date by which the entire term of imprisonment will elapse) after the date of his release, be under the supervision either of a relevant officer of a local authority or of a probation officer appointed for or assigned to a petty sessions area designated by the Secretary of State under section 14(4) or 15(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and shall be subject to -

(a) the following standard requirements specified by virtue of section 212A (3)(a) of the Criminal Procedure (Scotland) Act 1975.

(I) to report to the supervising officer in a manner at intervals specified by such officer, and

(ii) to notify such officer without delay of any change of address;

(b) such reasonable requirements as may, by virtue of section 212A(2)(b) of the Criminal Procedure (Scotland) Act 1975, be specified by the supervising officer; and

(c) [insert any requirements which the court may wish to specify, eg as to counselling on drug or alcohol abuse, staying away from victim, etc.]

(signed)

Clerk of Court

Copy to: Offender

Secretary of State