Justice Social Work Statistics in Scotland: 2023-24 – Part 2

Annex B Definitions

The following section provides a brief description of the main types of justice social work orders and reports. More information on social work orders and the operation of the justice system is in the Criminal Proceedings in Scotland publications. Details on court services is in commensurate justice social work practice guidance.

The community payback order (CPO) was introduced by the Criminal Justice and Licensing (Scotland) Act 2010. The CPO replaced provisions for community service, probation and supervised attendance orders for offences committed from 1 February 2011 onwards. It is available to all courts, with some restrictions applying to justice of the peace courts in relation to treatment and programme requirements. For the period covered by this publication, there were up to ten different requirements which could be issued at the initial imposition of a CPO. The most common requirements issued as part of a CPO are unpaid work and supervision. Courts may not impose unpaid work on someone under 16 years old. Supervision must be imposed for someone aged under 18. More information on the CPO is in the most recent community payback order practice guidance.

The drug treatment and testing order (DTTO) is a high tariff disposal for people with more serious substance use related to their offending, who might otherwise receive a custodial sentence. This order includes the need for regular reviews by the court and for the person to consent to frequent random drug tests throughout the lifetime of the order. On the basis of these regular reviews, the judiciary may, among other courses of action, vary the conditions of the order. This may include varying the frequency of testing, varying the type of treatment or the frequency of attendance at treatment, revoking the order on the basis that satisfactory progress has been made or, in the event of non-compliance, revoking the order and re-sentencing the person for the original offence.

DTTOs were rolled out across Scotland in phases between 1999 and 2002. They are available to all courts apart from justice of the peace courts. In addition, the less intensive DTTO II was introduced in the Lothian areas (apart from West Lothian) in June 2008 for people committing lower tariff offences at a relatively early stage in their lives. The DTTO II is also available from justice of the peace courts and can additionally be issued in the Highland area.