Guidance for Local Partners in the New Model for Community Justice

1. Introduction

Who is this guidance for?

1.1 This guidance on the new model for community justice is intended to support the statutory community justice partners ("the statutory partners") and other community justice partners and stakeholders to understand their roles to help deliver the new model for community justice. The Community Justice (Scotland) Act 2016 ("the Act") established the legislative framework for the new model for community justice.

The Act:

• Defines community justice
• Gives statutory partners duties to focus on improving community justice outcomes locally
• Explains who the statutory partners are in relation to community justice
• Requires statutory partners to publish a community justice outcomes improvement plan
• Requires statutory partners to publish a Participation Statement on their engagement with third sector and communities as part of the community justice planning process
• Requires statutory partners to review plans periodically
• Requires statutory partners to take account of the National Strategy for Community Justice when developing their plan
• Requires statutory partners to take account of the Local Outcomes Improvement Plan when developing their plan
• Requires statutory partners to annually report progress against the plan using the national outcomes for community justice outlined in the National Performance Framework

Statutory partners for community justice

1.2 The statutory partners for community justice as outlined in the Act are:

• Chief Constable of Police Scotland
• Health Boards
• Integration Joint Boards for Health and Social Care
• Local Authorities
• Scottish Courts and Tribunals Service
• Scottish Fire and Rescue Service
• Scottish Ministers ( i.e. Scottish Prison Service, Crown Office and Procurator Fiscal Service)
• Skills Development Scotland

They are referred to in this guidance as "the statutory partners".

1.3 The new model for community justice requires the statutory partners to cooperate at a local level in the preparation, implementation and review of a community justice outcomes improvement plan ("the plan") for the local authority area.

1.4 This guidance is aimed primarily at the statutory partners who will be responsible for the preparation of the community justice outcomes improvement plans. It will also be of relevance to the third sector, communities and other stakeholders involved in community justice.

1.5 Chapter 6 of this guidance is statutory guidance as it outlines the steps that partners must follow in the development of their plans. Other chapters of this guidance are intended to provide further information and support on the new model of community justice.

1.6 The Act does not require statutory partners to carry out their duties in a way that would conflict with existing statutory duties. For example, the role of Scottish Courts and Tribunals Service is carried out to the extent that it does not conflict with its role of supporting the courts, or influence sentencing decisions. Similarly, it is fundamental to the prosecution of crime in Scotland that decisions are taken independently by the Lord Advocate, and through his authority, the Crown Office and Procurator Fiscal Service.