Types of Enforcement Action to Use

Introduction

There are two levels of enforcement action available for CPPS staff to use in response to non-compliance with CD.

Depending on the level of non-compliance the probation officer or senior community work supervisor may respond either by using sanctions or taking legal enforcement action.

Sanctions

Sanctions are to be used in response to low level and first time instances of non-compliance. The sanctions available are:

• verbal warnings, and
• written warnings.

Legal enforcement action

Legal enforcement action is to be used in response to more serious or repeated instances of non-compliance. Legal enforcement action available to the probation officer or senior community work supervisor (with probation officer delegations) are:

• breach action
• application to the court for cancellation and substitution of the existing sentence with a new sentence of CD that has more extensive curfews, and
• application to the court for cancellation and substitution of the existing sentence with another sentence.

Using more than one enforcement tool

On some occasions it may be appropriate to use more than one enforcement tool at a time.

Examples:

• It may be appropriate to use breach and an application to cancel and substitute if an offender has breached the conditions of their CD by failing to remain at the curfew address during the curfew period and their whereabouts is unknown.
• A breach and an application for cancellation and substitution should be prepared if the offender has a number of previous breaches and the sentence is no longer manageable due to the offender's ongoing failure to comply with their CD.

Repeated use of the same enforcement tool

On some occasions it will be appropriate to use the same enforcement tool on more than one occasion. However, there should be clear escalation in the outcomes sought as the result of the enforcement action taken for repeated non-compliance.