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The Court cannot impose a Community Payback Order (CPO) without taking account of a report from an officer of a local authority. Given the possible conditions/requirements that can be imposed through a CPO the nature of the assessment undertaken by the officer of a local authority will be different to our current Criminal Justice Social Work Report (CJSWR) assessment practices.
An offender supervision requirement is mandatory when the following requirements are imposed by the Court:
The consent of the individual is needed before the Court can impose a CPO unless the order is imposed under section 227M(2) of the 1995 Act for fine default.
There is no limit on the number of requirements which can be imposed by the Court. In writing a CJSWR for the information of the Court, however, report writers must consider the risks of reoffending and the harm caused by previous behaviours, the needs of the individual and the intensity of supervision required, to inform the Court as to appropriate requirements which could be included. The requirements recommended by the CJSWR should be proportional, relevant and outcome focussed.
The requirements that can be imposed by a Justice of the Peace (JP) Court as part of a CPO are limited to:
A restricted movement requirement can only be imposed when the Court is considering the appropriate sanction to be applied in dealing with a proven breach of a CPO. As noted above, however, there is provision to impose a concurrent restriction of liberty order along with a CPO at first instance if the court considers that electronic monitoring would assist in the management of the individual.
A further offence committed during a CPO is not a direct breach of the Order.
Team Leader, Criminal Justice Service
Patons, Greenside Street, Alloa, FK10 1EB
Tel: 01259 452200 / 450000