Before Beginning the Application

Introduction

Before beginning an application to court, check if the offender:

• is subject to any other community-based sentences
• has any current breach charges outstanding, or
• has any active charges pending and/or upcoming hearings.

Offenders subject to other sentences

If the offender is subject to any other community-based sentences, contact the probation officer/senior community work supervisor managing the other sentence(s) and discuss with them any possible effect that an application may have on the other sentence(s).

The application should not proceed until all staff members concerned are in agreement about the course of action. Inability to reach an agreement should not mean a delay in taking action. Any disagreement should be referred immediately to the service manager for a decision to be made.

The application should include details of any other sentence(s) the offender is subject to, and information regarding the offender’s progress on these.

Note An application to vary or cancel one sentence does not necessarily affect the other sentence(s) but an explicit decision needs to be made regarding joint sentences, and the application should reflect this. The court officer will also need to ensure the judge’s decision is explicit with respect to all sentences.

Offenders with outstanding breaches

If the offender has an outstanding breach (or breaches), the probation officer/senior community work supervisor should prepare a request for the court to schedule the breach hearing and the application hearing on the same date.

Offenders with active charges

If the offender has any active changes pending, or an upcoming hearing, this information should be included in the application. Should the offender appear in court on further charges prior to the application, the court should be advised of the pending application.

Where to apply

The application must be made to the appropriate court, as show in the following table.

Record keeping

All details of and reasons for the application should be recorded in IOMS casenotes. This should include details of any discussion regarding the application that has taken place with the service manager or senior probation officer, or with any other relevant CPPS staff where there are joint sentences.

Evidence

The application must include sufficient information and evidence to satisfy the court that the grounds on which the application is based have been established.

Request for outcome

All applications should:

• clearly state what the probation officer/senior community work supervisor is seeking from the application, and
• include sufficient information to support this.

Considering HD or CD as a substitute

If seeking a substitute sentence of HD or CD, and if the offender consents to the application and a substitution of HD or CD, then these enquiries could be completed prior to the hearing. However, in many cases a pre sentence report and second hearing will be required.