The document discusses the Community Payback Order (CPO), introduced by the Criminal Justice and Licensing (Scotland) Act 2010 as a replacement for previous community sentences. A CPO can impose one or more of the following requirements: supervision; compensation; unpaid work; residence; mental health, drug, or alcohol treatment; conduct; and program participation. Requirements like supervision and only unpaid work/other activity or compensation can be imposed by Justice of the Peace courts. A CPO is given instead of imprisonment or a fine, and requirements must not conflict with the offender's religious beliefs, work, or education. The order is reviewed similarly to previous orders, and breaches can result in added restrictions. Custody sentences now have the

1. Social Work Law & Policy 8th March 2011

2. Use of Penalties

3. Community Payback Order Contained in Criminal Justice & Licensing (Scotland) Act 2010 Apply to offences committed after 1st February 2011 Replaces Probation Orders Community Service Orders Supervised Attendance Orders Community Reparation Orders

4. Community Payback Order 2 Imposes one or more of following requirements: Supervision‡ Compensation * ‡ Unpaid work/other activity ‡ Programme* Residence* ‡ Mental health treatment* Drug treatment* Alcohol treatment* Conduct * ‡ * If made supervision requirement must also be made, supervision also required if more than one requirement made ‡ only types of requirement that can be made by JP court

5. Community Payback Order 3 Before order made Offence must be Punishable by imprisonment and CPO imposed instead of imprisonment Punishable by fine and CPO made instead of fine, though only requirements a, c & i can be imposed Offence must be serious enough to warrant order Report from LA officer must be obtained and taken account of, unless level 1 unpaid work requirement being made Effect of order & consequences of breach must be explained to offender Offender must indicate that he/she understands this and is willing to comply with requirements to be imposed (except in case of fine defaulters) Court must ensure no conflict with religious beliefs/work/education On making order court must explain reasons for doing so

6. Unpaid work Two levels Level 1 – 20 -100 hours, must be completed in 3 months Level 2 – 100-300 hours, to be completed in 6 months Can include other activity as well as work subject to limit of 30% up to 30 hours Level 1 unpaid work/other activity replaces supervised attendance order

7. Programme requirements Require participation in specified programmes Can only be made if recommended in LA report Programme = a course or other planned set of activities, taking place over a period of time, and provided to individuals or groups of individuals for the purpose of addressing offending behavioural needs

8. Conduct requirement Requirement to do/refrain from doing certain things Directed at securing/promoting good behaviour or preventing further offending No provision for tagging

9. Review etc Similar provisions for review, variation & breach as probation order/CSO If breach established restricted movement requirement can be added to order, can require offender to (a) be in a specified place at a specified time or during specified periods, or (b) not to be in a specified place, or a specified class of place, at a specified time or during specified periods.

10. Other changes Presumption against imprisonment for ≤ 3 months Only to be imposed if no other sentence appropriate & reasons for conclusion to be stated Introduction of custody and community sentences Where short automatic release after half of sentence on licence For longer sentences can be released on completion of specified custody part of sentence (normally one half)