Community Service Under Fire As More Breach Orders

The community service system has been called into question by new figures which show a dramatic rise in offenders breaching their orders but a sharp fall in those being sent to prison as a punishment.

Over a five-year period, the number of individuals not complying with Community Service Orders (CSOs) has risen by 46%. However, the number of breaches that led to a custodial sentence has dropped over the same period by 24%.

Critics say the revelation undermines the credibility of the scheme, which has been repeatedly pushed by the Scottish Executive. Even before the new figures were released, sheriffs had expressed concern at the level of supervision provided by social work departments for those on CSOs. One sheriff said he was disappointed to discover that a man he had sentenced to 100 hours community service had served fewer than 10.

Since 1999-2000, there was a 37% rise in the number of CSOs, a move almost universally welcomed by ministers and academics who believe that short-term prison sentences are expensive and ineffective. Re-offending rates after community sentences are slightly lower than those released from prison. Community orders have also been advocated because they cause less disruption to offenders’ lives.

Ministers hoped the emphasis on community would help to reduce Scotland’s burgeoning prison population. However, earlier this year the total peaked at 7320. There are currently just over 6700 places available in Scotland’s jails, making overcrowding a major problem.

The new figures were obtained by the SNP. Kenny MacAskill, its justice spokesman, said: “We support community service and do not believe offenders should go to prison for every instance of a breach, but this is meant to be an alternative to custody,” he said.

“I do not think we should be locking up more people, but these orders have to be enforced. We cannot allow the perception to arise that completing an order is optional. Otherwise it undermines the whole ethos of community punishment.

“This also raises concerns about social work departments which are so strapped for resources that they are not able to keep on top of this.”

Social work departments allocate offenders to programmes which they deem to be appropriate. Some will work on group projects, while others such as sex offenders may be asked to work on individual schemes.

Social workers said there was a strict regime in which offenders who fail to turn up are reported back to the courts.

Donald Dickie, acting criminal justice adviser to Sacro, a charity which works with offenders, said they supported the greater use of community sentences and would not advocate all breaches leading to a prison sentence. A Scottish Executive spokeswoman said some of the court figures were underestimates because it could take more than a year for outcomes to be recorded.

“Community service orders offer smart, sharp effective sentences that are visible to the public and courts take breaches of orders very seriously. An increase in breach rates will reflect a more rigorous enforcement regime by criminal justice social work staff, but these cases may not merit a custodial sentence.

“It is entirely a matter for the judiciary to decide on the appropriate sentence for breach of an order on the basis of the details of the case.