Sheriff slams sentencing failure of criminal justice social work department

An Aberdeen sheriff has demanded answers after a criminal carried out just two-and-half hours of a 280-hour community service order.

Sheriff James Tierney said the case of George Thomson – who had admitted drugs charges – was “unacceptable”.

The sheriff said: “Instead of being given the opportunity to work the hours to which he has been sentenced he has been placed on a waiting list.”

He said he would ask council officials to attend court to explain themselves.

Thomson, 55, was given the community service order on 27 November after he pled guilty to being concerned in the supply of cannabis.

Sheriff Tierney said at a hearing on Thursday: “The circumstances of this case appear to give grounds for both public and judicial concern as to the management of community service orders in Aberdeen.

“I imposed that order as a direct alternative to a prison sentence only after serious consideration and on the basis of the assurance contained in the report prepared by Aberdeen Criminal Justice Social Work Department that a place was available for Mr Thompson to do such work.

“I am told today in a report from Aberdeen City Criminal Justice Social Work Department that as at today’s date Mr Thompson has been credited with two and half hours work by reason of his attendance at an induction appointment, but that in the intervening six and a half months no work has been made available to him.

“This is unacceptable.”

He added: “The Scottish Government has made it plain that it considers that community based disposals should have an important part to play in the criminal justice system.
   
“Sheriffs the length of the country strive every day to find such alternatives rather than to send offenders to prison.

“It is essential for the judiciary and the public to have confidence that such orders when imposed, will be implemented.

“I intend to ask the head of the Criminal Justice Social Work Department of Aberdeen City Council to attend this court to explain the position both in respect of this case and in respect of the management of community service orders generally.

“I will accordingly continue this case to an appropriate date to allow her to attend.”

The case was adjourned until July.

An Aberdeen City Council spokesman said: “This was an oversight that has now been rectified. There has been a waiting list but it is being reduced.”

Resolve issue

A Scottish Government spokesman said: “Community justice is a vital part of any justice system. But to be properly effective, it needs to be swift. It would seem from the details we have of this case that there has been a problem allocating this particular offender to appropriate work.

“The problem of backlogs in some parts of the country is, regrettably, not new, although certain areas are performing well. That is why Justice Secretary Kenny MacAskill asked for an audit of community services to get a clear picture of where we are in meeting our targets for getting offenders started on – and completing – their punishments.

“The results revealed a very mixed picture across Scotland with some strong areas of performance but also considerable opportunity for improvement.

“We are working closely with local authorities supported by increased resources to consistently deliver the swift community payback we all want to see.”

The Aberdeen Bar Association said it was aware of the difficulties in making placements available for community service.

The association said it hoped Sheriff Tierney highlighting the issue and asking for an explanation might help resolve the issue.