Criminal justice social work statistics in Scotland: 2013-14

Annex B Definitions

B.1 The following section provides a brief description of the main types of criminal justice social work orders and services. More information on social work orders and the operation of the criminal justice system can be found in the Criminal proceedings in Scotland publications. Details on court services can be found in the National outcomes and standards for social work services in the criminal justice system: criminal justice social work reports and court services guidance. In addition to social work orders issued by the courts, work orders may be offered by the procurator fiscal as an alternative to summary court proceedings when appropriate. Fiscal work orders have been available in a small number of pilot areas^[4] but are being rolled out nationally from 1 April 2015.

B.2 A convicted person 16 or over can be given a community service order to carry out unpaid work in the community for 80-240 hours in summary procedure and up to 300 hours under solemn procedure. These orders can only be made by courts as an alternative to a custodial sentence and must be completed within 12 months. The offender must agree to the order and be suitable for work, and community service/suitable work must be available in the area where the offender lives.

B.3 Probation orders provide the opportunity for criminal justice social work services to focus on the offending behaviour and underlying causes. Prior consent of the offender is required, and the order should be informed by a mutually agreed action plan. This order can be used very flexibly by the courts and additional conditions attached regarding undertaking unpaid work, residence, curfew (including electronic monitoring), financial recompense to the victim or attendance at a specialist programme (such as alcohol or drug treatment). The probation order may last between six months and three years.

B.4 Supervised attendance orders tend to be used in cases of fine default and require the offender to undertake a programme of activity for a specified number of hours, which may involve education, activities designed to encourage the constructive use of time, or unpaid work in the community. These orders may run between 10 and 100 hours (subject to a limit of 50 hours where the outstanding fine amount is up to £200).

B.5 The drug treatment and testing order is a high tariff disposal for offenders with serious drug use problems, who might otherwise receive a custodial sentence. This order includes the requirement for regular reviews by the court and that the offender consent to frequent random drug tests throughout the lifetime of the order. These orders were rolled out across Scotland in phases between 1999 and 2002. This order is available to all courts apart from justice of the peace courts. In addition, the less intensive DTTO II was introduced on a pilot basis in the Lothian areas (apart from West Lothian) in June 2008 for lower tariff offenders at a relatively early stage in their criminal career. The DTTO II is also available from justice of the peace courts.

B.6 Restriction of liberty orders have been available to courts (excluding justice of the peace courts) since May 2002. This order can be imposed for periods of up to one year, and involves restricting an individual to a specified place for up to 12 hours per day and/or from a specified place for up to 24 hours. The number of offenders receiving a restriction of liberty order is reported in the Criminal proceedings in Scotland publications. The contract for monitoring restriction of liberty orders is managed by the Scottish Government, and some management data will be available from the current contractor G4S.

B.7 Throughcare is the provision of a range of social work and associated services to offenders serving a prison sentence and their families from the point of sentence or remand, during the period of imprisonment and following release into the community. Offenders serving more than four years are released under statutory supervision. Those serving less than four years who are short-term sex offenders under Section 15 of the Management of Offenders Etc. (Scotland) Act 2005, or who are subject to an extended sentence or supervised release order, are also supervised on release. The objective of throughcare services is public protection, as well as assisting individuals to prepare for release and supporting community reintegration and rehabilitation.

B.8 Voluntary throughcare (assistance) is available to those who are not subject to statutory throughcare, but who request support while in custody or within 12 months of release. From 2005-06, figures on voluntary throughcare include the throughcare addiction service.

B.9 The throughcare addiction service (TAS) commenced on 1 August 2005 and forms part of the voluntary aftercare service. TAS is delivered by local authority criminal justice social work - or their contracted service providers - who will work with the offender in the six week period prior to release from custody through the six week period post-release. The TAS worker will offer a more intensive motivational service to support the offender address their addiction (and associated) difficulties, and link them into appropriate services. TAS is not normally available to offenders serving sentences of less than 31 days unless they are female or are males under 21 years.

B.10 Users may be interested in the audit carried out to monitor progress made in developing the throughcare addiction service.

B.11 Bail information services assist procurators fiscal and courts through verification of information in cases where bail might otherwise have been opposed or refused. In a proportion of cases, this will result in a period of supervised bail.

B.12 A court may ask for a same day oral or written report from a court-based worker during the court proceedings and adjourn a case until later in the day for this to be completed. A same day report will be a brief report and not a full criminal justice social work report. Same day reports tend to deal with issues specific to the case to inform decision-making. The information may be relevant to decisions regarding bail or custodial remand, the need for a full report, the need to defer a case to a future date and final sentence.