Court Orders

There are two types of Court Orders:

A Probation order is an order of the court, which places the offender under the supervision of a social worker for a period of time.
Community Service is an order of the court requiring the offender to undertake unpaid work.

Probation

What is a Probation Order?

A probation order is an order of the court, which places the offender under the supervision of a social worker for a period of time.

During this time, he/she will be seen by the social worker (and where appropriate, other agencies) to look at specific problems they may have – particularly to do with offending.

Does the offender have to agree to probation?

Yes. The court cannot impose a probation order unless the offender gives their agreement in court.

How long does probation last?

A probation order lasts for a set period which can be from six months to three years, although it is usually between one and two years. However an order can be ended early in certain circumstances.

What does the offender have to do?

He/she must keep all appointments arranged with their supervising officer, let him/her know of any change of address or place of work, and keep out of further trouble.

Can there be other conditions?

Yes. The court may add conditions such as paying compensation, living at a certain address, getting special help (for example, with an alcohol problem). A social worker will usually discuss these conditions with them when their Social Enquiry Report is being prepared.

What happens if the offender doesn't stick to the conditions?

There may be circumstances where the offender will be given a formal warning for failing to comply with the conditions, but they do not have a right to such warnings and the offenders case may instead be referred back to the court.

What can happen then?

If the offender has failed to comply with the condition, the court may either:

Fine the offender and let the order continue
Extend the order or vary the conditions
Impose community service and let the order continue
End the order and pass an alternative sentence (which may be a custodial sentence).

What if the offender wishes to leave the area?

While a probation order can usually be transferred to the area in which he/she is going to live, the offender could discuss any move in advance with their social worker.

What if the offender commits another offence while on probation?

If the offender offends again while they are on a probation order, the supervising officer must return the case to the court immediately. The court may either:

Take no action on the breach of probation
End the order and impose an alternative sentence (which may be a custodial sentence)
What happens at the end of probation?

At the end of the order, the supervising officer sends a brief report to the court, reporting on the offenders progress during the order.

Community Service

What is Community Service?

It is an order of the court requiring the offender to undertake unpaid work. It is often used as an alternative to custody. Supervision is strict – if the offender does not comply with the conditions, a rapid return to court can be expected.

What hours will the offender work?

The sentence can be from 80 – 240 (300 in indictment cases) hours, which must be completed within one year.

The offender will carry out the work in their free time, when required to do so by the social worker involved. In most cases, work per week is between two hours (minimum) and 21 hours (maximum).

Must the offender agree to do it?

Yes, the offender must agree before an order can be made. If they do not agree to community service, they will be sentenced in some other way, which may mean imprisonment.

Is there strict supervision?

The offender cannot work if they are under the influence of alcohol, drugs or solvents, or if they are found to be in possession of any of these
The offenders work performance must be consistent in attitude and effort
The offender must be prepared to follow Health & Safety at work requirements
The offender must notify their social worker of any change in their circumstances (including any court appearances) that affects their ability to work

What must they do?

He/she must report on time for your work
He/she must report to your social worker when required
He/she must report to your social worker any changes in address or workplace
He/she must carry out your work satisfactorily

What if he / she is ill or absent?

As soon as they know they will be absent from work they are required to notify their social worker immediately. If they are absent because of illness, they (or someone on their behalf) must notify the social worker as soon as possible and they must consult a doctor and produce a medical certificate within seven days of their absence.

How will it affect the offender personally?

The court will tell them how many hours they have to do. The social worker will then discuss with the offender what work they will do, and where and when they will do it.

Travelling time over one hour per day and meal and other breaks during the work session will normally be counted towards their hours. The social worker may arrange payment of certain travelling costs.

What kind of work is available?

A wide range of work is undertaken, and every effort will be made to use the offenders skills and abilities. Contact with other people is encouraged, and jobs may include helping in youth clubs, play groups and residential settings, toy-making, craft work, and practical work such as painting, decorating and gardening.

Formal Warnings

The offender can be given up to two formal warnings for failing to comply with the conditions. Warnings can be given for failing to attend work as instructed, being late for work, failing to work satisfactorily, failing to provide a medical certificate, or failing to tell the social worker of any change of circumstances (such as the offender's address, or place of work).

If the offender continues to breach the conditions of their order, they will be returned to court. The court can then either:

Continue the order
Continue the order and fine you for the breach
Change the total number of hours
Cancel the order and sentence you for the original offence. This may well be a custodial sentence.

Can an order be changed?

Yes. If there is an important change in the offenders circumstances (with regard to their health, work, personal life, etc.) the court can be asked to review the order. It can:

Extend the time allowed to complete the order
Change the total number of hours to complete the order
Cancel the order
Cancel the order and sentence the offender for the original offence

Can the offender get help?

Certainly. If they have personal problems during the course of the order, and they think this might affect their ability to comply with the order, they should contact their social worker who will try to help.