This topic outlines the factors to consider prior to recommending community work (CW) as a sentencing option.
CW is considered a reparation sentence, under which offenders make compensation to society for their offending. It can be imposed if the court considers the nature and circumstances of the offending make it reasonable for the offender to make compensation to the community in the form of work, and it is appropriate with regard to the offender's character and personal history.
Offenders have the opportunity to learn and/or use some practical skills. For some offenders it offers the opportunity to learn good work habits.
When authority is granted to convert some hours into basic work & living skills (BWLS), the sentence of CW also has elements of re-integration (particularly the opportunity to access programmes that assist with the development of skills related to obtaining employment).
CW can be imposed for between 40 and 400 hours.
Legislative references: Sections 55 - 58 and 66A Sentencing Act 2002.
CW can be imposed jointly with any other sentence, except imprisonment.
CW is likely to be targeted at a wide range of offenders and offending, and it is expected that CW will often be imposed jointly with one or more other sentences.
Consider these issues related to the offender:
Note: The total term of cumulative CW sentences cannot exceed 400 hours.
Legislative reference: Section 57(2A) Sentencing Act 2002.
Consider the availability of the resources needed for CW.
Note: The court is entitled to assume that CW is available for any offender, unless advised otherwise by a probation officer.
Legislative reference: Section 56(3) Sentencing Act 2002.
Probation officers should not indicate in any type of pre-sentence report the type of CW placement (i.e. agency or centre) that the offender is likely to undertake. This decision is made by CPPS following a post-sentencing assessment of the offender.
An exception may be made in the event that an offender is likely to be placed on a specific work party targeted at offender convicted of particularly offences (e.g. graffiti removal).
The commencement of a sentence of CW can be deferred if the offender is also sentenced to intensive supervision or home detention (HD). Any possible deferment of the sentence start date should be considered at the pre-sentence stage.
Legislative reference: Section 57A Sentencing Act 2002.
The Court can authorise that up to 20% of community work hours are converted to training in basic work & living skills (BWLS), if the sentence is 80 hours or more.
Probation officers may indicate in the body of the report that BWLS would (or world not) be of benefit to the offender. However, the pre-sentence report should not directly recommend it.
Note: Although the legislation allows for probation officers to recommend the authorization of BWLS, this should be avoided because suitability is not assessed at the pre-sentencing stage. BWLS may also not be available in the area where the offender will reside.
If the offender is already on CW, determine whether or not they have already been given authorisation for hours to be converted into BWLS training. If the offender is currently attending, report progress and consider whether to recommend it should also be authorised for this sentence.