Community sentences

Bail Supervision

Bail Supervision gives the Court an alternative to Remand where individuals are assessed as likely to struggle to comply with bail conditions unless offered a level of supervision and support.

Our service works alongside the Children and Young Person's Service to provide Bail Supervision service for young people aged 16-21 (up to age 26 for care leavers).

Key features of the bail supervision are:

• Bailees are seen within one hour of release from custody
• Bailees are seen a minimum of two times per week in summary cases and three times in solemn cases, including home visits
• Bailees are referred onto services if they have identified needs related to their offending, for example, drug issues

Bail Supervision is available for the following Individuals:

• 16 to 26 year old
• Mental health problems
• Women
• Single parents
• People with carer responsibilities
• People with substance misuse issues

For more information please, view the Bail supervision: national guidance.

Community Payback Orders

Community Payback Orders can be imposed by the Court for a period between 6 months and three years. They are a direct alternative to custody, and failing to comply with them can lead to a further conviction. The court can impose one or more of the following requirements:

1. Compensation
2. Offender supervision
3. Unpaid work or other activity
4. Programme
5. Mental health treatment
6. Drug treatment
7. Alcohol treatment
8. Residence
9. Conduct

For more information, view the Community Payback Order: practice guidance.

Most of the programmes and supports we offer are only available as part of Supervision and Programme requirements.

Diversion from prosecution

If the Procurator Fiscal thinks it is appropriate, they can refer a case to our service rather than proceed with a prosecution. We will then complete a short assessment to see it the case is suitable.

Diversion from prosecution is:

• Usually directed at minor offences
• Only suitable for people who agree to work with us to address the underlying causes of their offending
• Usually 3 to 6 months long

The benefits of a successful Diversion from Prosecution are:

• Personal support
• It avoids unnecessary contact with the Criminal Justice system
• If successful, there is no criminal conviction. 

Restriction of Liberty Orders (ROLOs)

ROLOs are available to Courts as an alternative to custody and can be imposed either on their own or along side a Community Payback Order (CPO) as a separate order.

Key features are:

• Restricted to his/her home address for a maximum period of 12 hours per day for up to a maximum of 12 months.
• And/or restricted from a specified place or places for 24 hours a day up to 12 months.

The order is electronically monitored by a commercial contractor (G4S), using a tag which is worn on the ankle.

Drug Treatment and Testing Orders (DTTO)

DTTOs are for individuals who:

• have a significant history of drug-related offending
• have a history of drug misuse
•  are able to understand the need for change in their lives

Before being placed on a Drug Treatment and Testing Order must be willing to:

• accept treatment for drug misuse
• be frequently and randomly drug tested
• attend Court on at least a monthly basis so that the Sheriff can Review progress
• be supervised by the DTTO Team (Social Work and NHS Staff)

Failure to comply with a Treatment Plan will result in a Breach Report being sent to the Court. If this happens the Sheriff can sentence an offender for the original offence. This may well result in the individual receiving a custodial sentence.

Structured Deferred Sentence

A Structured deferred sentence allows the Court to require you to undertake specific work prior to being sentenced, during a deferment which usually lasts between 3 and six months. In Perth and Kinross, we generally only offer this to those between the ages of 16 and 26 through a programme called Right Track.