Community sentences in Scotland are most commonly delivered through Community Payback Orders (CPOs), which allow people who have committed offences to be punished in a way that also benefits the community and addresses the causes of their offending. Before a judge can usually impose a CPO, they must first receive a report from a criminal justice social worker. This report provides important background information about the individual, including their previous convictions, their likelihood of reoffending, their personal circumstances, their health, and what support they may need to change their behaviour. There are limited exceptions to this requirement, such as when the unpaid work or activity requirement is at the lowest level, between 20 and 100 hours, or when the order is imposed because a fine has not been paid.
Once a CPO is made, a criminal justice social worker employed by the local authority is responsible for supervising it. Their role is not only to monitor compliance but also to work with the individual to reduce future offending. In carrying out this role, the social worker may need to consult with a range of other organisations, including judges, Police Scotland, voluntary agencies, community councils and victim support groups. This reflects the idea that community sentences are not only about punishment but also about public protection and rehabilitation.
A Community Payback Order can include up to ten different requirements, and the judge decides which of these should be used in each case. The choice depends on the nature of the offence and on what measures are most likely to prevent further criminal behaviour. The most common requirement is unpaid work, which can range from 20 to 300 hours. This work is intended to benefit local communities and can include activities such as cleaning public spaces, redecorating community buildings, gardening in parks, helping in charity shops, or delivering furniture and goods to vulnerable people. Unpaid work may also involve activities designed to improve employability, such as learning new skills or receiving help with writing a curriculum vitae.
Another frequently used requirement is supervision. Under this condition, the person must attend regular meetings with a criminal justice social worker. These sessions focus on identifying the reasons behind their offending and helping them develop better decision-making skills. Supervision also allows the social worker to check whether the individual is complying with the rest of the order. In some cases, the court may include a compensation requirement, which obliges the person to pay money to their victim for injury, distress or damage to property.
Judges can also impose programme requirements, which involve attending structured courses arranged by social workers. These programmes are designed to tackle offending behaviour and often focus on issues such as substance misuse or anger management. A residence requirement may be used to ensure stability, for example by ordering the person to live at a particular address, such as with their parents. Conduct requirements allow the court to place specific restrictions on behaviour, such as prohibiting someone convicted of shoplifting from entering a particular shop. These are only used when the judge believes they will help prevent further offences.
In more serious cases, restricted movement requirements can be imposed. These may involve a curfew, requiring the person to remain at a certain address for up to twelve hours a day, or an exclusion condition that keeps them away from a specific place for up to twenty-four hours a day. Such restrictions can last for up to twelve months and are designed to reduce opportunities for further offending.
Three of the possible requirements focus on treatment for underlying problems linked to criminal behaviour: mental health, drugs and alcohol. If a person has a diagnosed mental health condition that contributes to their offending, they may be ordered to receive treatment such as counselling, clinic appointments or, in some cases, hospital care. Where drug misuse is a factor, the court can require attendance at clinics or hospitals to address addiction. Similarly, if alcohol misuse is connected to the offence, the person may be required to attend counselling or treatment services.
Overall, Community Payback Orders aim to balance punishment with rehabilitation. By combining practical consequences, such as unpaid work and restrictions, with support through supervision and treatment, CPOs seek to reduce reoffending while allowing individuals to remain in the community and make amends for the harm they have caused.
Beyond Barriers 