Sentencers want more flexible community options: study

Judicial perspectives on the use of community sentences are revealed in a study published today by the Scottish Sentencing Council.

The Council believes this is a significant piece of work which provides new insights into judicial perspectives of community sentences and how they are delivered in Scotland.

Research and engagement with sentencers and others suggests that community-based sentences are generally viewed by sentencers as providing, in appropriate cases, a greater chance of rehabilitation than custodial sentences. However, some key themes emerged:

• there is a perceived need for greater consistency across Scotland in the provision of community-            based programmes and services;
• resource constraints are seen as impacting on the ability of justice social work to effectively monitor and manage those who have received a community disposal;
• some legislative and other processes can hinder the use and completion of community sentences;         and
• there is a perceived lack of public awareness of, and confidence in, community disposals.

The Council is of the view that there is a lack of public awareness of, and confidence in, community disposals, and that relevant local and national organisations should aim to enhance public understanding of what they can achieve. Having regard to its statutory duty to improve awareness and understanding of sentencing, the Council plans further activity specifically designed to improve awareness of community-based sentencing options.

It also reports views from some areas that the resources available to justice social workers in local authorities and NHS services – to support mental health treatment and addiction, for example – are insufficient for the purposes of providing adequate monitoring to support effective sentences.

Legislative barriers to the imposition of community-based sentences were also explored. Some sentencers believe that community-based programmes and services should be made available for a wider range of offence types and to address a wider range of issues. The Council considers that thought should be given to potential legislative changes to enable greater flexibility to impose appropriate sentences – and to improving breach processes, which, under current arrangements, can sometimes interrupt the successful completion of community orders, hindering progress towards rehabilitation. 

The Council has separately submitted a response to the Scottish Government’s consultation on proposals for the establishment of a National Care Service, which asks whether it should extend beyond adult social care to services such as justice social work and drug and alcohol services. While the Council has not taken a position on the establishment of a National Care Service, or its scope, it has drawn attention to the various issues relating to the delivery of community sentences revealed by its work in this area.

Lady Dorrian, Lord Justice Clerk and chair of the Council, commented: "The engagement we have carried out suggests that one of the greatest challenges to judicial confidence in community-based disposals concerns limitations of resources to support their management and delivery.

"To support both judicial and public confidence and efforts to encourage rehabilitation and, ultimately, public safety, it is essential that effective community-based options are available to the courts. This requires greater consistency of provision of community sentences and the services which support their delivery across Scotland, and that these sentences can be robustly managed.

"We hope that drawing attention to issues in the use of community-based sentences and identifying areas for improvement will assist with further policy development and improved service provision and delivery."