The Make Justice Work Guide to Community Sentences

What is a Community Sentence?

What is a Community Sentence?

Community Sentences are intended to give courts greater flexibility when sentencing. Each Sentence is tailored to reflect the seriousness of the crime whilst also taking into account the rehabilitation of the offender.

The Community Sentence is made up of one or more of twelve possible options (known as requirements) that sentencers can assign to an offender. If the offender does not comply with any aspect of their community sentence they can be recalled to court for re-sentencing.

Aims of a community sentence

The four main aims of the community sentence are;

  • Punishment: Offenders must be properly punished for their crime. A community sentence must be tough on offenders and offer constructive opportunities for the future.
  • Reparation: Offenders may be required to face their victims so that they view their crimes in a different way.
  • Rehabilitation: Offenders need support and opportunities to prevent reoffending.
  • Protection: Protecting the public is the top priority.

The Twelve Requirements

A community sentence is formed of different requirements (listed below) When an offender gets given a community sentence, the nature of the crime will be taken into account and the offender will be given requirements depeneding on what led to the offence.

  • Unpaid Work (Community Payback)

    An Unpaid Work Requirement must be completed within 12 months. It involves activities, such as cleaning up graffiti, making public areas safer or conservation work. The work is intended to benefit the local community and often residents are able to suggest projects for offenders on Unpaid Work to carry out.

    Time Demanded – 40-300 hours.

  • Supervision

    An offender will be required to attend appointments with an Offender Manager or Probation Officer. The focus of the supervision and the frequency of contact will be specified in the Order plan based on the particular issues the offender needs to work on. The length of a Supervision Requirement must be the overall period for which the Community Order is in force.

    Time Demanded – Up to 36 months.

  • Accredited Programme

    These are aimed at changing offenders’ thinking and behaviour. For example, the Enhanced Thinking Skills Programme is designed to enable offenders to understand the consequences of their offence, and to make them less impulsive in their decision-making. This requirement is particularly intended for those convicted of violence, sex offending, drug or alcohol abuse, domestic violence and drink impaired driving.

    Time Demanded – Length to be expressed as ‘number of sessions’; must be combined with a Supervision requirement.

  • Drug Rehabilitation

    If offenders commit crime linked to drug abuse, they may be required to go on a Drug Rehabilitation Programme. Programmes may involve monthly reviews of an offender’s progress.

    Time demanded – 6 to 36 months; offenders consent is required.

  • Alcohol Treatment

    This requirement is intended for address issues faced by offenders whose crime is linked to alcohol abuse.

    Time demanded – 6 to 36 months; offenders consent is required.

  • Mental Health Treatment

    After taking professional advice, the court may decide that the offender’s Order should include mental health treatment under the direction of a doctor or psychologist.

    Time demanded – 6 to 36 months; offenders consent is required.

  • Residence

    An offender may be required to live in a specified place, such as in a probation hostel or other approved accommodation.

    Time demanded – up to 36 months.

  • Specified activity

    Including community drug centre attendance, education and basic skills or reparation to victims.

    Time demanded – Up to 60 days.

  • Prohibited activity

    Offenders may be ordered not to take part in certain activities at specified times, like attending football matches.

    Time demanded – Up to 36 months.

  • Exclusion

    An offender may be prohibited from certain areas and will normally have to wear an electronic tag during that time.

    Time demanded – Up to 24 months.

  • Curfew

    An offender may be ordered to stay at a particular location for certain hours of the day or night. Offenders will normally wear an electronic tag during this part of their Order. If a stand-alone curfew order is made, there is no probation involvement and is privately contracted.

    Time demanded – Up to 6 months and for between 2-12 hours per day.

  • Attendance

    For offenders under 25, the court can direct the offender to spend between 12 and 36 hours at an attendance centre over a set period of time. This requirement is designed to offer ‘a structured opportunity for offenders to address their offending behaviour in a group environment while imposing a restriction on their leisure time’.

    Time demanded – 12-36 hours with a maximum of 3 hours per attendance.

Our panel have now produced a final report based on the Community or Custody: Which Works Best? National Enquiry’s findings. For more information on the National Enquiry process please visit www.communityorcustody.com.

Offender Art

Quotes

Catch22 considers that many offenders can be safely managed on community sentences. Whilst prisons are necessary both to protect the public and punish offenders we believe that community sentences can be a better use of resources and can help prevent re-offending and make communities safer. Through careful assessment of risks and needs and good partnership across the public, private and voluntary sector work plans can be put in place that enable offenders to retain employment and housing, to support their families and make amends for their crimes.

by Frances Flaxington, Chief Executive of Catch22

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