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Bail
- accommodation
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The criminal justice social work department provide
assistance in finding suitable accommodation. The
court needs to maintain contact with an accused
person during the process of their case. As such,
where a person lives has a significant effect on the
bail decision. Bail accommodation aims to decrease
unnecessary custodial remands by assisting those who
are either homeless or who are otherwise unable to
offer an acceptable address. Courts can attach a
condition of residence to a bail order.
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Bail
- information and advice
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The criminal justice social work department provide
of verified information to the courts to assist in
decision making. The aim is to provide independent,
factual verified information about accused persons
held in police custody prior to a court appearance
the following day.
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Bail
- supervision
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The criminal justice social work department identify
and provide services for those people on, or at risk
of, a custodial remand who, if subject to
supervision, could be considered for bail. This could
be before trial or before sentence. As well as
supervision there is also provision for services
which facilitate the protection of the public by
addressing the potential risk of re-offending by
bailees while on bail. Bail supervision schemes
identify individuals, based on assessed need, who
require a level of intensive support and would suffer
extreme difficulties if sent to custody. Under Bail
Supervision, priority should be given to those with
mental health problems, women accused, single parents
and young people aged between 16 and 17.
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Community
rehabilitation order
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Now known as a 'Community Rehabilitation Order'.
These orders may last between 3 months and 3 years.
The young person is required to see a Youth Offending
Team worker at set intervals during the term of the
order (this may become less frequent if good progress
is made). Specified activities may be attached to
this order to address particular factors in the young
person's life.
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Community
reparation orders
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CROs are a low tariff order and will be confined to
summary cases - i.e. crimes of a less serious nature
that are heard without a jury in the district and
sheriff courts. They focus specifically on making
reparation for anti-social behaviour by providing 10
to 100 hours of unpaid work. CROs will expand the
existing range of community disposals. Existing
disposals with a restorative element are either high
tariff, for example community service orders, or
designed to deal with a specific group, such as
supervised attendance orders for fine defaulters
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Community
service orders
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In law community service is an alternative to
custody. It offers offenders the opportunity to make
reparation to the community for the offences they
have committed by undertaking work for community
groups and individuals who are unable for a variety
of reason to carry out the work for themselves.
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Court
fines - supervision of payment
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Local authorities should show a commitment to
diverting from custody those who have received a
financial penalty in the Court which they are unable
to pay.
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Drug
treatment and testing orders
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Free-standing order which can run in parallel with a
Probation Order. The order is supervised by an
officer of the local authority whose role is to
maintain overall control of the order, keeping
abreast of the treatment side to report on progress
to the court and ensure that work is being done to
tackle other issues related to the subject's
offending. The drug court team is an
interdisciplinary team which has criminal justice
social workers, addiction workers and medical staff
working closely together. This enables an intensive
assessment and supervision service to be provided
which research has shown is effective in reducing
drug dependency and related offending behaviour.
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Means
enquiry reports
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Local Authorities are responsible for Means Enquiry
Reports to provide information to the courts to
inform their decisions on the appropriate level of
any fine
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Offender
support and supervision
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Throughcare is the process of social work support and
supervision of an offender and his or her family from
the point of sentencing to release from prison and to
the eventual discharge of the parole order or license
or the supervised release order.
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Parenting
orders
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A court may make an order on a parent or guardian of
a juvenile (10 to 16 years old) who is convicted of
an offence , a child of 10 and over made the subject
of an anti-social behaviour order or a sex offender
order, and a child under 10 made subject to a child
safety order.
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Parole
reports
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Social workers, based in the prison and in the
community, prepare Home Circumstances Reports for the
Parole Board to help them decide whether or not they
should allow a prisoner to be released early.
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Preventative
services - young children
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The aim of pre-crime prevention scheme is identifying
children and young people who are at high risk of
offending and helping them to avoid entering the
youth justice system.
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Probation -
social service support
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Someone who is placed on probation will have to keep
regular contact with their social worker and comply
with all condition of the order. Contact will be
maintained with individuals as required to ensure
firm supervision of the probation conditions and may
vary according to individual circumstances. During
probation, social worker will visit the person’s home
and may involve family members to ensure the order is
completed successfully. The social worker has to make
sure that the conditions of the probation order are
being met and also to help the probationer avoid
further trouble. This involves discussing previous
offences committed and looking at ways to avoid this
happening again. The social worker may also direct
the probationer to attend counselling or other
programmes if they assess that it will help him or
her avoid further trouble.
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Referal from
prosecution scheme
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Diversion from prosecution is the referral of an
accused to social work or other agencies where it is
believed that formal criminal justice proceedings are
not necessary (i.e. where there is no overriding
public interest for a prosecution). The accused is
then dealt with through 'diversion schemes' which aim
to address underlying causes of offending. Diversion
is designed to prevent individuals being prematurely
"up-tariffed" into a custodial sentence and to stop
the cycle of offending/punishment before it starts.
Particular groups are targeted by this scheme:
Accused with mental health difficulties or learning
disabilities Drug and alcohol misusing accused Female
accused Young (16 and 17 year old)
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Referral
orders
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Referral orders are given to aged 10 to 17 year olds
pleading guilty and being convicted for the first
time in court.
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Social
enquiry reports
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Following conviction, or a finding at an Examination
of the Facts (EOF) that the person did the act or
made the omission constituting the offence, the court
may ask for a social enquiry report (SER) to be
provided by criminal justice social work staff in
accord with national standards. Reports are prepared
for all young offenders under the age of 21, all
adult offenders who may be sentenced to custody for
the first time and any other case as the sentencer
may determine.
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Supervising
attendance orders
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A supervised attendance order is in effect a fine on
time, which offenders require to use for constructive
activity. Once made, this order clears the fine.
Local authorities have responsibilities for
supervising attendance orders. There are specialist
supervised attendance officers attached to the court
based social work unit. These officers monitor
attendance and performance, and deal with
non-compliance and breach. The activity sessions
however are provided by APEX Scotland, a voluntary
organisation that specialises in training and
preparing offenders for employment.
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Supervision
orders
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A Supervision Order is a sentence for a young
offender which is organised by a supervising officer
according to standards required by the Home Office.
The order may be for a period of up to 3 years. The
purpose of supervision is to help the offender to do
what is necessary to stop offending and to protect
the public from harm.
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Supporting
young people leaving care
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The local authority provides support for young people
in the care of the council to prepare for their
future. The council will work alongside the young
person to prepare a plan for their future up until
the age of 21 (or 24 if in further education). The
plan should cover finance, education and employment,
accommodation, health and emotional welfare.
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Youth
justice - action plan orders
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An action plan order is to prevent a young offender
from further offending by working with them to deal
with problems which may have led them to get into
trouble. It is a sentence of the court, which is
supervised by a member of the council Youth Offending
Team. The content of the Order will vary for each
young person
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Youth
justice - court procedures
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The purpose of the programme is to prevent offending
by children and young people at an early stage and
ensure appropriate and effective action to help
prevent re-offending. This is a programme designed
for people who have not yet been sentenced by a
court.
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Youth
justice - final warning
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The Final Warning system is part of the 1998 Crime
and Disorder Act. Final warnings are give to young
people aged between 10 to 17 where their offence is
deemed by the police to be appropriate for such
action. This will also be an opportunity to inform
the young person about offence related issues and
make clear the consequences of further offending.
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Youth
justice - implementation of orders
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The Youth Offending Team is responsible for the
supervision and implementation of nearly all orders
imposed by the Youth Court on young people who have
been convicted of a criminal offence. The court can
also impose a Parenting Order on the parents of young
offenders and this is also supervised by the Youth
Offending Team.
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Youth
justice - reparation orders
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A Reparation Order is a sentence of the Court, which
will be supervised by a member of the council Youth
Offending Team. The aims of a Reparation Order are to
prevent further offences by helping the offender to
understand the effects of crime on the victim and to
make amends.
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