Introduction
This topic covers the criteria by which the probation officer/senior community work supervisor determines that the offender has failed to comply with the requirements of the sentence.
Criteria
The offender is considered to have not complied with their sentence if any of the following criteria apply.
The offender:
- fails to present themselves for initial reporting within 72 hours
- fails to report as directed on the written instruction to report (ITR) (includes fails to report to basic work & living skills (BWLS) programme)
- changes their place of residence and fails to notify the probation officer, and has no reasonable excuse for not notifying the probation officer
- fails to work to a satisfactory standard
- fails to undertake a community work agency (CWA) placement in accordance with the CWA agreement
- fails to complete 100 hours every six months, or if less than 100 hours imposed, to complete the sentence within six months
- accepts remuneration, whether by gift or otherwise, for work the offender is required to do for the purposes of the sentence
- fails to remain at any place as required for the purpose of the sentence
- fails to obey the rules of the community work centre (CWC) and has no reasonable excuse for failing to obey
- refuses to work or fails to work in a manner reasonably required
- intentionally mismanages their work
- behaves in an offensive, threatening, insolent, insulting, disorderly, or indecent manner, or
- accepts gifts or money for community work (CW) hours.
Legislative reference: Section 71 Sentencing Act 2002.
BWLS
If an offender fails, without reasonable excuse, to complete the number of hours of training in BWLS as directed, any hours spent by the offender undertaking that training are not to be treated as hours of authorised CW undertaken.
In these circumstances the offender must, in addition to the period spent in training, undertake CW for the total number of hours ordered under the sentence.
Legislative reference: Section 66C Sentencing Act 2002.
