Criminal justice social work statistics in Scotland: 2013-14

4 Court-based services and social work reports

(Tables 1 and 4 - 7)

4.1 There are various tasks associated with providing information and advice to the court, as well as a throughcare service to individuals and their families at the point when a custodial sentence is made. These include:

• oral/written reports and information at the court's request on specific matters to inform the sentencing process or the decision to remand to custody rather than grant bail
• interviews with individuals and completing a medical mandate where significant medical issues have been highlighted
• diverting people with mental health problems who may be at a risk to themselves from a custodial remand, to either hospital or appropriate bail accommodation, where available, for assessment
• interviewing individuals immediately after the court has passed a custodial sentence/remand or a community disposal involving criminal justice social work, in order to further explain the decision of the court and what this means for individuals, establish if any pressing problems should be dealt with immediately, and inform individuals about the availability of relevant social work services
• forwarding relevant information to prisons in the event of a custodial sentence, including details on persons who may pose a risk of harm to themselves and/or others
• representing the local authority criminal justice social work service in the court setting, including where appropriate court users' groups and liaising with other professional groups.

4.2 During 2013-14, the courts made 6,900 requests for bail information to local authorities, the lowest in any of the last five years, and 21 per cent down from 8,700 in 2012-13. In a proportion of cases, this may result in the use of supervised bail rather than remand. A total of 420 bail supervision cases were commenced, a slight increase from the previous year but still low compared with numbers of the last five years or so (Table 4). Same day reports (previously called stand down reports) are either pre-sentence reports or specific sentence reports requested by the court - 3,700 such reports were provided to the courts, the highest in the last five years and 13 per cent up on the previous year. There were 20,200 post sentence interviews with people remanded into custody or receiving custodial sentences for the first time, the highest level in any of the last five years (Table 4).

Criminal justice social work reports

4.3 The revised criminal justice social work report (CJSWR) was introduced across Scotland from February 2011 to ensure a consistent provision of information, including the social worker's professional analysis. This report (previously called a social enquiry report) is intended to assist in the sentencing process and to complement the range of other considerations, such as victim information and narratives from the procurator fiscal. In particular, the CJSWR provides information on social work interventions and how these may impact upon offending behaviour. A CJSWR must be requested

• before imposing a custodial sentence for the first time or where the offender is under 21
• when imposing a community payback order with a supervision requirement or level 2 unpaid work requirement (over 100 hours), community service order or probation order with unpaid work
• when imposing a drug treatment and testing order.

4.4 The number of criminal justice social work reports has been falling since 2008-09 with 31,400 submitted in 2013-14 (including supplementary reports but excluding letters sent in lieu of reports), a drop of 4 per cent compared to the previous year, and over a quarter lower than in 2008-09 (Table 1). This downward trend is broadly in line with court volumes over the period, although the most recent figures show a slight increase in the number of court cases between 2012-13 and 2013-14^[1].

4.5 While the pattern of change varied somewhat across local authorities, around two-thirds showed a fall between 2012-13 and 2013-14. Further information is provided in the additional datasets which accompany this publication.

Preferred sentencing options

4.6 The criminal justice social work report writer is expected to provide a professional assessment as to the suitability of available sentencing options in terms of maximising the opportunity for the individual to change their behaviour and desist from offending. This analysis is based on the individual's attitude to offending and motivation to change, as well as risks and needs identified. While the decision on sentencing is for the court to take, the expectation is that the professional analysis will cover substantive issues such as the need for specialist assessment where significant substance misuse or mental health problems are indicated. There is also the expectation that the report will include an assessment of the suitability or otherwise of the community payback order, including the individual's motivation to successfully complete the order.

4.7 Almost half of reports (45 per cent) recommended the use of a community payback order in 2013-14 (Table 6). Eighteen per cent involved a CPO with supervision but not unpaid work, while 15 per cent involved unpaid work but no supervision. The proportion of reports where the preferred option was community service or probation continued to fall as expected, due to the introduction of the CPO for offences committed from 1 February 2011.

4.8 Twelve per cent of reports recommended a deferred sentence of 3 months or more and 6 per cent suggested a monetary penalty. Custody was rarely suggested, featuring as the preferred option in only 4 per cent of reports. Sixteen per cent of reports suggested some other form of preferred option (including a restriction of liberty order or deferment for a drug treatment and testing order assessment). Fifteen per cent of CJSWRs gave no preferred sentencing option.

4.9 The main outcome for 41 per cent of CJSWRs in 2013-14 was a community payback order (Table 7). Fourteen per cent of reports resulted in a CPO with unpaid work but no supervision, with 10 per cent resulting in an order with supervision but not unpaid work. In 18 per cent of cases, a CPO was given with both supervision and unpaid work.

4.10 Custody was the main outcome for 17 per cent of reports in 2013-14, and this has remained more or less the same over the past five years. The other main outcome categories in 2013-14 were deferred sentences (8 per cent) and monetary penalty (7 per cent).