Using Community Detention Sanctions

Guiding principles

When considering the use of a sanction, the probation officer or senior community work supervisor must:

• consider each situation on its merit, including the following:
  • the level of the non-compliance, and
  • previous non-compliance
• ensure that the decision made is consistent with the guiding principles for enforcement, and
• ensure the type of action is in line with the CD enforcement guidelines.

When a sanction is used, the probation officer or senior community work supervisor must inform the offender of the consequences of any further non-compliance.

Situations where sanctions apply

The probation officer or senior community work supervisor may only use sanctions in response to minor instances of non-compliance.

Examples:

• when the offender fails to report (first instance)
• when the offender is absent from the curfew address during the curfew period without approval for under 15 minutes (first instance), or
• when the offender deviates from an approved activity while on approved absence (first instance).

Note: This list is a guideline only, and is not exhaustive.

Reference: Volume 3B, Part IV, Chapter 6, Enforcement Guidelines, for more information about when use of sanctions may be appropriate. (Please refer to the related links section on this page).

Timeframes

Sanctions relating to non-compliance with curfew periods must be given before the commencement of the next curfew period (or on the next working day). Verbal notification that a written warning is being sent is sufficient to comply with this requirement.

All other sanctions must be given within one week of the non-compliance.

Who is responsible?

The following table outlines the CPPS staff member who is responsible for preparing and issuing sanctions.

CD9 Written Warning Template

All written warnings issued in relation to non-compliance with CD must be prepared using the CD9 Written Warning Template for Community Detention.

Reference: Volume 3B, Part VII,  Forms for Community Detention. (Please refer to the related links section on this page).

CD10 Final Written Warning Letter Template

All final written warnings issued in relation to non-compliance with CD must be prepared using the CD10 Final Written Warning Letter Template for Community Detention.

Reference: Volume 3B, Part VII, Forms for Community Detention. (Please refer to the related links section on this page).

Record keeping

Specific details of any non-compliance and the corresponding action taken by the probation officer or senior community work supervisor must be recorded in IOMS casenotes.

As well as providing a record of the offender's compliance with the requirements of the sentence, this information will be important in the event of any legal enforcement action which may be taken in response to further non-compliance.

Staff must ensure they copy and paste any written warnings issued into IOMS casenotes.