Community-based sentences are Orders of the Court; they have mandatory conditions that must be adhered to. The Court can also impose additional conditions to them.
A representative from the local authority's social work department is allocated to supervise the order. If the offender fails to comply with the conditions of the order, they can be taken back to Court under breach proceedings.
Admonition
The power to admonish is usually only used when an offender has convicted a minor offence and the risk of them re-offending is very low. An admonition registers the Court's disapproval of the offender's criminal behaviour, but does not impose a punishment.
Compensation Order
The Court can make a Compensation Order (either instead of, or as well as, dealing with the offender in another way) which requires the offender to financially compensate the victim for any loss, damage or personal injury that they suffered as a result of the offender's actions. The offender pays the Clerk of the Court who forwards the money to the victim.
Fine
A fine is the most frequently used sentence. Fines are used for a wide range of offenders and offences. It is intended as a punishment and the amount of the fine will relate to the seriousness of the offence and the offender's ability to pay.
Fine Supervision
The Court can place an offender who has been allowed time to pay a fine under supervision "for the purpose of assisting and advising the offender in regard to payment of the fine". This must be done where an offender under 21 has been allowed time to pay and is facing custody unless the Court is satisfied that supervision is impractical.
Supervised Attendance Order
This is essentially a fine on an offender's time and is used as an alternative to imprisonment when an offender fails to pay a fine (it can only be used for a fine and not a compensation order). The time is used for constructive activity with some social education, financial management education and sometimes, community service.
Deferred sentence
This is the postponement of a sentencing decision and is generally used to take into account the offender's conduct. A deferment has a general condition "to be of good behaviour" and more specific conditions may be added.
Probation Order
Probation means that offenders are supervised in the community and can last for a period of between six months and three years. The order will have an Action Plan in which the offender agrees to address their offending behaviour and its underlying causes. The offender may also be required to undertake programmes through which they should learn new behaviours and to deal with problems associated with their offending.
When on probation, the offender must:
- be of good behaviour (including restraining from further offending)
- comply with instructions of the supervising officer
- inform the supervising officer at once of any change in address or employment
Community Service Order
Community service requires the offender to perform unpaid work that benefits the community. Under Scottish law, a community service order (CSO) can only be made as an alternative to a custodial sentence.
The length of a CSO can vary from 80-300 hours. They are designed as a penalty, with the offender paying back the community for their crime; however, many offenders develop new skills and benefit from the experience.
Community Payback Order
Community Payback Order (CPO) is a new community sentence proposed within the Criminal Justice and Licensing (Scotland) Bill. When introduced they will be available to Scottish Courts, replacing the existing Community Service, Probation and Supervised Attendance Orders. There are a number of requirements which can be included CPO which will address the areas of an offenders life which require to change if they are to stop offending eg alcohol treatment. An unpaid work requirement of between 20 - 300 hours can also be included in the CPO.
Drug Treatment and Testing Order
A Drug Treatment and Testing Order (DTTO) is made when an offender's drug misuse has led them to commit a crime (even if the offence itself was not drug related). All Orders have a treatment, testing and Court review requirement, and the offender must give their consent to be given a DTTO.
The length of a DTTO can vary from six months to three years.
Restriction of Liberty Order
Commonly known as tagging, a restriction of liberty order (RLO) requires the offender to wear an unobtrusive transmitter (tagging device) which signals their whereabouts to a central computer. The computer will be alerted if the offender leaves the area they are restricted to or tampers with the transmitter. Under an RLO, an offender's movements can be restricted for up to 12 hours a day for a maximum of 12 months.
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