On 4th April 2005, the Criminal Justice Act (2003) came into effect. The Act introduced, amongst other things, a new approach to sentencing. The new sentencing regime applies mainly to offences committed on or after 4th April 2005, therefore offences committed before that date will be subject to previous legislation.
Use this link to view the community sentences in force under pre-CJA 2003 legislation ».
The links below allow you to download the CJA 2003 Sentence leaflets which are in Acrobat pdf format and load as a new page.
A single generic Community Order is now available with a range of twelve requirements. A court must include at least one of these requirements when passing this sentence. Each requirement is designed to fulfill one or more of the 'purposes of sentence':
Leaflets giving details of each requirement are available to download »
The twelve requirements are:
The leaflets listed below are available to download -
(links to the leaflets which are in
Acrobat pdf format load as a new page)
Experienced, specialist officers run group work programmes involving carefully structured sessions which are designed to challenge and change attitudes and behaviour which produce repeat offending.
In Cheshire we run the following group work programmes:-
(the following give links to leaflets in
Acrobat pdf format and which will load as a new page)
Under the previous legislation, the main types of community sentences handed out by the courts are:
How a community sentence is implemented, its content and structure is based on the 'What Works' principle. 'What Works' resulted from research on the idea that every method of working with offenders should be thoroughly tested to see if it is effective.
All Community Sentences are supervised and strictly enforced by Probation staff.
The aim of this order is to rehabilitate the offender, protect the public and prevent the offender committing further offences. The order requires the offender to be supervised by the Probation Service for between six months and three years.
Offenders sentenced often have underlying problems which lead them to offending such as drugs and/or alcohol abuse, behavioural difficulties or a chaotic lifestyle.
The offender attends, in line with national standards, regular appointments with a Probation Officer (the case manager). A supervision plan devised specifically for him or her is drawn up, the aim of which is to challenge the offending behaviour and make the offender take positive steps to stop re-offending. The case manager may also provide help in conjunction with partnership agencies in solving practical problems such as homelessness, mental health needs and money management.
Offenders can also be ordered to attend a planned programme in addition to their appointments with the case manager.
A Community Punishment Order requires an offender to undertake between 40 and 240 hours of unpaid work in the community which must be completed within 12 months.
An order can be made for any offender over 16 convicted of an offence punishable by imprisonment, and is often made for offences which have been committed against the community such as criminal damage, some serious driving offences or benefit fraud.
The project to be worked on is identified by the Probation Service, is usually practical and is chosen so that the offender can put something back into the community. It may involve, for example, gardening for elderly people, environmental improvement, cleaning graffiti, painting and decorating or assistance and support for the disabled and elderly.
Before starting work on a project, all offenders are assessed for the risk they pose to the public. An offender's existing skills may be taken into account when allocating them to a project but a Community Punishment Order will enable an offender to acquire some basic skills and develop personal discipline as well as making amends to the community for the harm caused by their offending.
In October 2003, a revised scheme will be launched entitled 'ECP' which will accredit the learning of employment related skills by offenders.
Offenders are strictly supervised at all times, comply with set rules concerned with behaviour, standards of work placement quality and time and appointment keeping. Failure to comply may result in returning to court.
A Community Punishment Order can be combined with a Community Rehabilitation Order. An offender can be required to work on community projects and to attend supervision sessions with a Probation Officer or a groupwork programme. This type of Order tends to be issued for more serious offences.
If an offender does not co-operate with one element, then he or she will be returned to court.
This type of Order was introduced nationally in October 2000 and is targeted at people who commit crime to sustain a significant drug habit. The aim is to stop an offender's use of drugs and criminal activities. It can last between 6 months and 3 years.
An offender must agree to undergo the treatment and testing regime and so must be motivated to change. The Order will require him or her to follow an intensive, individually targeted treatment and supervision programme for several hours a day, five days a week involving medical, social and other agreed supports. Testing will be twice a week until altered by the court at one of the regular review hearings. This monitoring ensures that both offender and courts have up to date knowledge of the Order's effectiveness.
Curfew Orders, commonly known as 'electronic tagging', can be imposed by the courts on offenders aged 16 years or over for a maximum of 6 months. They can cover between 1 and 7 days a week and from 2 to 12 hours a day. They can be imposed on their own or in combination with any other community order.
Although the Order is administered by an external contractor, it is the Probation Service's job to assess the suitability of an offender for a Curfew Order, assess the place of proposed curfew including its impact on others at the same address and the likelihood of the Order's success.
The 'tag' is an electronic device strapped to the wrist or ankle which transmits a signal to a monitoring unit installed at the place of the curfew (usually the offender's home). This, in turn, is connected to a monitoring centre where the operators can tell if the offender has broken the curfew. In such cases, an investigation is carried out and, where necessary, the offender is returned to court.