4. Community Work Timeframes

Introduction

The length of a sentence of community work (CW), and the timeframe within which the hours must be served, is provided for in the Sentencing Act 2002.

Legislative references: Sections 58 (1) (2) and (3) Sentencing Act 2002.

Length of CW sentence

A court may sentence an offender to CW for no less than 40 and no more than 400 hours.

Unlike other community-based sentences, CW does not have a pre determined sentence end date. Legislation states that the CW sentence ends when the hours are completed or when the sentence is cancelled.

Legislative reference: Section 75(8) Sentencing Act 2002.

Timeframes for completing CW

The legislation sets down timeframes for when an offender must complete their CW hours. As noted above, these timeframes do not provide the sentence expiry date.

If an offender does not complete the set number of hours within the timeframes, they are in breach of the conditions of their sentence.

Legislative references: Sections 58 (1) (2) (3) and 71(1)(d) Sentencing Act 2002.

Offenders sentenced before 1 October 2007

Offenders sentenced to CW before 1 October 2007 are required to complete their hours within the following timeframes.

In order to complete 200 hours within 12 months, the offender has to complete an average of 3.8 hours per week. It is recommended that most offenders are encouraged to complete at least 8 hours per week.

Note: There is no cap on the maximum number of CW hours that an offender can be sentenced to following concurrent or cumulative sentences

Offenders sentenced after 1 October 2007

Offenders sentenced to CW from 1 October 2007 are required to complete their hours within the following timeframes.

In order to complete 100 hours within 6 months, the offender has to complete an average of 3.8 hours per week. It is recommended that most offenders are encouraged to complete at least 8 hours per week.

Note: Offenders sentenced after 1 October 2007 can be sentenced to a maximum of 400 hours.

Concurrent and cumulative sentences

If a court imposes a sentence of CW on an offender who is already subject to a sentence of CW, the sentences must be served concurrently, unless the court directs that they are to be served cumulatively.

Hours to be completed

Any work done by an offender under a sentence of CW must be treated as having been done:

• under that sentence, and
• under any and each other concurrent sentence of CW that the offender was subject to at the time that the work was done.

Commencement date of sentence

The following table shows how the commencement date of the sentence is established.

Monitoring progress

Quarterly assessments will be undertaken to monitor the offender’s progress with the hours and the timeframe requirement. Event-based assessments will also be completed in response to changes in offenders’ circumstances.

Reference: Volume 3a, Part IV, Chapter 5, Quarterly Progress Assessments. ( please refer to the related links section on this page)

Enforcement action

If it becomes apparent that the offender is not going to complete the hours within the required timeframe, then this should be addressed at the earliest opportunity.

Reference: Volume 3a, Part VI, Chapter 5, Enforcement Guidelines. ( please refer to the related links section on this page)

Extension of period within which CW must be done

Either an offender, senior community work supervisor (with probation officer delegation) or probation officer may apply to the court for an extension of the period within which the hours must be completed.

In order for the court to consider granting an application for extension, it must be satisfied that either of the following grounds has been met:

• that because of incapacity or any humanitarian or other reasons, it will be impossible for the offender to do the work during a certain period; or
• that it would be unreasonable to require the offender to do the work during that period.

An application for extension should not be made routinely, but only in exceptional circumstances (e.g. if a severe illness or injury means an otherwise compliant offender is unable to complete any hours for a substantial period).

Legislative reference: Sections 69 (1) (a) (b).Sentencing Act 2002.

Reference: Volume 3a, Part VII, Applications to Court. (please refer to the related links section on this page)

When the sentence ends

A sentence of CW ends on the date that the offender completes the hours of work required under the sentence, whether or not the period of time allowed under section 58 or an extended period granted under section 69 has expired, or when the sentence is cancelled.

Record keeping

IOMS casenotes should record the offender’s compliance with the requirements of the sentence, and details of any enforcement action taken.