Receiving the Community Detention Order

Introduction

This topic covers the activities required of CPPS staff in relation to the CD court order.

Legislative reference: Section 74 Sentencing Act 2002.

When court orders are issued

The court issues the CD order on the offender immediately following their sentencing before the offender leaves the court.

The court may direct that an offender be detained in the custody of the court for no more than two hours, to enable the order to be drawn up, and a copy to be given to the offender.

Note: The serving of the court order is part of the service level agreement between the Department of Corrections and the Ministry of Justice, Courts division.

Process

The following table shows the process for receiving an offender's CD order and allocating this to a probation officer or senior community work supervisor.

Stage	Description
1	Ministry of Justice (MoJ) court staff: draw up the CD order serve it on the offender, and explain the details
2	The offender signs the CD order and retains a copy.
3	MoJ court administration staff enter details, linked through to IOMS, and forward a copy of the CD order to CPPS either: through the court servicing team, or by mail. Note: The original CD order is kept on the MoJ file.
4	When a sentence request has been received in IOMS, and a paper copy of the CD order has been received, CPPS administrative support staff check the CD order for errors. Are there errors? If no , then go to step 6. If yes then: update any known offender details, and refer back to court for an amended CD order to be served on the offender. Note: Court staff are to send a copy of the amended CD order to CPPS once it has been served on the offender.
5	If a hard copy of the CD order is not received, contact the court to request a copy and to confirm that the CD order has been served.
6	Administrative support staff: create a sentence file (or re-open an existing one if the offender has a previous sentence file still open), and place the original CD court order (with any corrections) on the file.
7	The service manager: reviews the file against the offender warning system (OWS) criteria, and allocates the offender to a probation officer or senior community work supervisor as appropriate.

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