Outstanding community payback hours to be cut

Pressure on Scotland's community justice system due to COVID-19 are to be eased by cutting the number of hours of unpaid work to be expected of offenders already sentenced.

The Scottish Government is laying regulations to reduce the unpaid work element imposed in existing community payback orders by 35%, with the exception of those imposed for domestic abuse, sexual offences, or stalking.

The exclusions are intended to mitigate potential risks to future reporting of these offences, recognising the barriers that continue to exist in relation to reporting.

COVID-19 restrictions have significantly impacted on the amount of unpaid work that can be undertaken safely. Most recently, the Chief Medical Officer has written to local authorities recommending that face-to-face unpaid work orders are suspended in those councils under enhanced level 4 stay at home restrictions.

Concerns have been raised by Social Work Scotland, the Scottish Association of Social Work and Community Justice Scotland that community justice services are at risk of being overwhelmed; and that action is necessary to ensure existing orders can be delivered safely within a reasonable timescale and new orders can be started.

Scottish Government analysis suggests that if court business was to return to pre-COVID levels in March while the capacity to deliver unpaid work remained very constrained, there could be in excess of 1 million hours outstanding by July if no other action is taken.

All other requirements of community orders will remain in place. Individuals who require supervision or specific interventions to address their offending and its causes will continue to be supervised, monitored and supported by justice social work and other relevant agencies.

Justice Secretary Humza Yousaf commented: "It is clearly important for all those involved to ensure justice is carried out swiftly and effectively and that confidence in community orders is retained. This challenge, by no means exclusive to Scotland, requires a balanced and sensitive response. While I acknowledge that some may have concerns, I can assure victims of crime and others that the justice system continues to hold those who commit offences to account.

"This proportionate measure will help address the unavoidable buildup of unpaid work resulting from essential public health restrictions, while ensuring that those on community orders still serve the majority of their sentences."