Guidelines for Enforcement

Introduction

This section provides guidelines for responding to non-compliance for offenders on community work (CW). Less formal action can be taken against an offender by way of CPPS sanctions. The legislation provides for the more formal responses of:

breach action, and
application to court for cancellation and substitution.

Important: Enforcement action taken should always be consistent with the guiding principles for non-compliance.

The following tables give examples of non compliance.

Note: These lists are not exhaustive. Anything not covered here should be should be discussed with a service manager.

Failure to comply with reporting requirements

The following table provides guidelines for enforcement action if an offender on CW fails, without reasonable excuse, to report as directed.

If an offender is subject to CW, and…	then, taking account of enforcement principles, take one or more of the following actions:
the offender fails to report within 72 hours	issue a formal written warning, and/or breach (seeking conviction and discharge).
the offender fails to report as instructed – first and subsequent times	issue a formal written warning if agency, transfer to centre placement loss of possible remission of hours, and/or breach (seeking conviction and discharge, fine, additional CW, community detention (CD), home detention (HD), imprisonment

Failure to comply with the (other) requirements of the sentence

The following table provides guidelines for enforcement action if an offender on CW fails to comply with the requirements of the sentence (other than reporting requirements).

If an offender is subject to CW, and…	then, taking account of enforcement principles, take one or more of the following actions:
the offender fails to notify the probation officer/senior community work supervisor of a change of address	issue a formal verbal warning issue a formal written warning, and/or breach (seeking conviction and discharge, fine, additional CW or CD).
the offender absconds and his/her whereabouts is unknown	loss of possible remission of hours breach (seeking conviction and discharge, additional CW, CD), and/or make an application for cancellation and substitution (seeking CD, HD, imprisonment).
the offender fails to work to a satisfactory standard	issue a formal verbal warning issue a formal written warning if agency, transfer to centre placement loss of possible remission of hours refuse to count hours (penalty hours) send home, and/or breach (seeking conviction and discharge, fine, additional CW, CD).
the offender refuses to work	issue a formal written warning if agency, transfer to centre placement loss of possible remission of hours send home breach (seeking conviction and discharge fine, additional CW, CD), and/or make an application for cancellation and substitution (seeking CD, HD, imprisonment).
the offender leaves the work site without the permission of the community work supervisor	issue a formal written warning loss of possible remission of hours, and/or breach (seeking conviction and discharge, fine, additional CW, CD).
the offender fails to complete the required number of hours within the required timeframe	issue a formal written warning loss of possible remission of hours breach (seeking conviction and additional CW, CD), and/or make an application for cancellation and substitution (seeking CD, HD, imprisonment).
the offender fails to comply with the CWC rules Legislative reference: Section 176, Sentencing Act 2002.	issue a formal verbal warning issue a formal written warning loss of possible remission of hours refuse to count hours (penalty hours) send home breach (seeking conviction and discharge, fine, additional CW, CD, and/or make an application for cancellation and substitution (seeking CD, HD, imprisonment).

Unacceptable behaviour during CW

The following table provides guidelines for enforcement action if an offender on CW behaves in an unacceptable manner while undertaking CW.

If an offender is subject to CW, and…	then, taking account of enforcement principles, take one or more of the following actions:
the offender behaves in an offensive, threatening, insolent, insulting, disorderly or indecent manner	issue a formal written warning breach (seeking conviction and fine, CW), and/or make an application for cancellation and substitution (seeking CD, HD, imprisonment).
the offender assaults or threatens to assault a CPPS staff member or an offender in the work party	Inform police , and issue a formal written warning breach (seeking conviction and fine, CW, CD), and/or make an application for court for cancellation and substitution (seeking CD, HD, imprisonment).
the offender appears to be under the influence of alcohol or other drugs at the agency/on the worksite Note: If there is evidence to suggest the offender is carrying drugs, contact the police.	send home if agency, transfer to centre placement issue a formal written warning possible loss of remission of hours breach (seeking conviction and discharge, fine, additional CW, CD), and/or make an application to court for cancellation and substitution (seeking CD, supervision, HD, imprisonment).

Further offending

The following table provides guidelines for enforcement action in response to further offending for offenders subject to CW.

If an offender is subject to CW, and…	then, taking account of enforcement principles, take one or more of the following actions:
the offender is charged with serious and/or violent offending and is remanded on bail, and at an agency placement	if agency, transfer to centre. if centre, consider appropriateness of sentence management.
the offender is charged with serious and/or violent offending and is remanded in custody for a lengthy period of time (i.e. unable to comply with requirement to complete 100 hours within six months)	application to court for cancellation and substitution (seeking imprisonment).

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