Using Enforcement Guidelines

Service manager oversight

Where the probation officer or senior community work supervisor is unsure of the appropriate enforcement action to take, this should be discussed with a senior probation officer or service manager.

Important: All legal enforcement action must be checked by the service manager before it is lodged in court.

Deciding which option to use

The guidelines outline the range of enforcement action available in relation to different types of non-compliance. In some instances, there will be only one option. In others, a range of options is presented.

When considering which option to take, consider the following factors:

• How significant is the non-compliance in relation to the curfew (e.g. reaching the curfew address one hour after the start of the curfew is more significant in relation to a four hour curfew than it is to a 48 hour curfew)?
• Has the offender also failed to comply in other ways (e.g. leaving during curfew as well as returning late)?
• Is a pattern of non-compliance emerging?
• What is the reason for the non-compliance (e.g. is it the result of a chaotic lifestyle, or an intentional refusal to comply)?
• Does the non-compliance, or the circumstances surrounding the non-compliance, indicate significant risk to the community or any individual person?
• Is there any indication that the offender has absconded?

Deviation from guidelines

In exceptional circumstances it may be appropriate to deviate from the guidelines provided. This should only be done with the approval of a service manager.

For CD offenders registered on the offender warning system (OWS), this should only be done with the approval of an area manager. Any deviation should be explained in IOMS notes.

Determining reasonable excuse

If the offender fails to comply with any of the requirements of their CD, the probation officer or senior community work supervisor should interview the offender to establish whether they are able to provide a reasonable excuse for failing to comply with the requirements of their CD. It is the role of the probation officer or senior community work supervisor to determine whether this excuse is reasonable. If it is not reasonable, then enforcement action must commence.

The probation officer or senior community work supervisor must request:

• independent evidence of the excuse (e.g. a note from the doctor), and/or
• contact information for an independent person who could provide evidence of the excuse (e.g. the phone number of the doctor).

All information relating to any excuse offered by the offender, and the probation officer or senior community work supervisors response to this, should be recorded in IOMS casenotes.

Note: The onus should be on the offender to provide evidence rather than on the probation officer or senior community work supervisor.

Record keeping

The following should be recorded in IOMS casenotes:

• specific details of the non-compliance and the response taken at the time of the event, and
• any discussion with the senior probation officer or service manager relating to non-compliance and action taken, or not taken.

OWS offenders

For offenders registered on the OWS, careful consideration should be given before deciding to take action from the lower level of available options.

Notes:

• Any uncertainty should be discussed with the service manager.
• There is less tolerance for non-compliance by offenders registered on the OWS.