Community Payback Orders - 35 Percent Reduction To Existing Orders

29th January 2021

Action to reduce backlog of unpaid work during pandemic.

New measures will help ensure the justice system can operate effectively and ease pressure on local authorities as the coronavirus (COVID-19) pandemic continues.

Public health restrictions introduced since the outbreak last March have significantly impacted upon unpaid work - the most common element of Community Payback Orders (CPOs) – 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; 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.

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

Those categories of CPOs have been excluded to mitigate potential risks to future reporting of these offences, recognising ongoing work over many years by victims organisations, justice partners, government and others to remove the barriers that exist in relation to those offences.

Justice Secretary Humza Yousaf said:"Scotland's justice social workers and other community justice staff play a critical - though often unseen - role in ensuring the delivery of community-based sentences that, in recent years, have contributed to record low reconviction rates which in turn help keep crime down and communities safe, with fewer victims.

“The public health challenges they have faced during the pandemic were recognised by Parliament when it approved provisions in the Coronavirus (Scotland) Act to allow community orders, including unpaid work, to be varied if necessary.

“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 build-up of unpaid work resulting from essential public health restrictions, while ensuring that those on community orders still serve the majority of their sentences."

Cllr Kelly Parry, COSLA Spokesperson for Community Wellbeing, said:“Since the start of the pandemic a huge backlog of unpaid work hours for community payback orders has built up. Not dealing with this will lead to unsafe work practices for our and other staff and local authority Justice Social Work services could be overwhelmed.

“I welcome the measures being proposed as they will still mean that those who have been sentenced will still pay their debt – and those who have committed crimes of domestic abuse, sexual offences, or stalking will serve their sentences in full.”

James Maybee, chair of the Social Work Scotland Justice standing committee, said:“During the pandemic, social workers have continued to provide crucial supervision and support to individuals on community payback orders, but it’s right with regard to unpaid work that we consider the capacity and safety of those professionals to continue doing that, alongside individuals in the justice system carrying out sentences, and the community.”