Chief Executives : Scottish Local Authorities

Copy to: Directors of Social Work/Chief

Social Work Officers

Holders of SWSG Guidance Package

April 1996

Dear Sir/Madam

COMMUNITY SERVICE BY OFFENDERS

PUBLIC AWARENESS, ENVIRONMENTAL WORK AND HOURS

Summary

1. This Circular provides guidance on the operation and management of community service schemes and the establishment of further large-scale projects. It places greater emphasis on physically demanding environmental work and improved public awareness of what community service provides.

2. Where the courts decide against prison and choose community service, the penalty should be - and be seen to be - a suitably rigorous and challenging one. It is important that the public should be fully aware of the work carried out by those on community service schemes. The public needs to be clear that it is not a soft option and involves the offender both in making reparation and in contributing to the local community. The Government has therefore reviewed community service and is taking the following steps to ensure that community service is both visible and testing.

Increase of Minimum and Maximum Hours

3. The White Paper "Firm and Fair" announced the intention to increase the maximum length of community service orders available in the courts of solemn jurisdiction from 240 to 300 hours. The Secretary of State subsequently announced his intention to increase the minimum length of order from 40 to 80 hours in all courts. The necessary Statutory Instrument will be laid shortly and authorities will be notified of when the changes will come into effect. The changes will toughen community service orders as a penalty and, at the upper end, will enable the higher courts to impose distinguishably higher sentences.

Emphasis on Physically Demanding Work and Environmental Projects

4. The National Standards for Community Service already state that community service placements should provide a challenge to the offender, should take place in the offender’s

own time, and should be seen by both the community and the offender as constructive. Work for the community in reparation for crime is the crucial element of community service; whether cleaning up the environment or helping other people. In order that placements are indeed seen as providing a proper challenge for the offender, the Government consider that there should now be a greater emphasis on physically demanding placements. Local authorities should therefore review the range of placements available in their areas to ensure that there are sufficient placements of this kind. It will still be necessary, however, for a range of other placements to be available to accommodate the special circumstances of certain offenders, reflecting health, family and work commitments.

5. Local authorities should pay particular attention to developing environmental improvement projects. These can be seen by offenders and the public alike to make a contribution to the local community. They should receive publicity to ensure that the work carried out is well known in the area.

Establishment of Large-Scale Projects

6. The Scottish Office is discussing an initiative to develop large-scale projects with a number of national bodies and will shortly bring authorities into these discussions. Environmental improvement projects may require larger pools of labour than many existing placements. Where appropriate, authorities should work together to develop joint projects to ensure that in all areas offenders can take part in projects of this kind.

Involvement of Victim Support in Planning the Range of Placements

7. Most local authorities already take account of victim interests in planning community service. In preparing annual criminal justice social work plans in autumn 1996 for the year 1997-98, and strategic plans thereafter, local authorities should formalise the process. They should include Director of Victim Support Scotland (VSS) in the normal consultation process in order to obtain comments on the range of community service placements to be made available. Where appropriate, VSS will involve the local victim support scheme.

Identification of Schemes and Improved Publicity

8. The Government believes that much more needs to be done to ensure that community service is visible and the projects carried out known in the local community. Local authorities should therefore take the following action to achieve these objectives:

Local Publicity

Authorities should seek every opportunity to publicise the benefits produced by community service schemes in the local media.

Identification of Projects

Wherever appropriate, authorities should arrange for the identification of projects by means of signs showing that the work is being or has been carried out by a community service scheme.

Markings on Vehicles

Authorities should arrange for vehicles used by community service schemes to be marked to indicate this. Such markings may be permanent or temporary.

Protective Clothing

Authorities are already required to provide suitable protective clothing. Where protective clothing is worn at a placement, for health and safety reasons or to protect participants’ own clothing, authorities should ensure that the clothing is clearly and visibly marked with the wording "Community Service Scheme". (Existing stocks of protective clothing should be adapted where possible.) The requirement to wear this protective clothing when participating in relevant work should be regarded as a normal reasonable requirement of supervision. The test of whether protective clothing is reasonably required is where protection would be worn whether or not the person was a participant in a community service scheme, and where a claim for compensation might result in the event of protective clothing not being provided. The same protective clothing should be worn by all participants in the community service project, including supervisory staff. Only in exceptional circumstances (for instance where the offender is placed with an organisation which has its own arrangements or requirements for protective clothing) will this not apply.

Conclusion

9. Authorities should:

(1) make the terms of this guidance known to all relevant community service staff; and

(2) submit progress reports confirming action on implementation of this Circular to SWSG by the end of October 1996.

10. Where appropriate, the guidance in this Circular will be reflected in revision of National Standards in due course.

11. Enquiries about any aspect of this Circular may be addressed to Mr J Kirby, Social Work Services Group, Room 16, James Craig Walk, Edinburgh EH1 3BA (Tel: 0131-244 5438). [ To holders of the SWSG Circulars and Guidance package:- This Circular should be placed in Section G1 of the volume containing "G. Criminal Justice" circulars.]

Yours faithfully

LESLEY CLARE