Community sentencing

Community sentences may be used as alternatives to custody. Our Justice Service supports the person given the community sentence.

Community Payback Order

The court may impose a Community Payback Order (CPO), which can include a person being asked to do unpaid work in the community. There are ten requirements that can be made as part of a CPO:

• Compensation requirement
• Offender supervision requirement
• Unpaid work or other activity requirement
• Programme requirement
• Residence requirement
• Mental health treatment requirement
• Drug treatment requirement
• Alcohol treatment requirement
• Conduct requirement
• Restricted movement requirement

More information about the different requirements is available in the Scottish Government's Community Payback Order Guidance.

If the court decides a person must carry out unpaid work hours in the community, our Justice Service team will work with communities and partners to identify projects and tasks that can help the person ‘pay back’ to the community. This tends to be an activity that will help the community in some way. 

It can be outdoor jobs such as:

• gardening
• beach cleans
• painting
• gritting paths

Or indoor tasks such as decorating inside community spaces or work in charity shops.

People on unpaid work may also be asked to do other things, known as ‘Any Other Activity’, such as:

• going to alcohol and drug treatment services
• getting support from mental health services
• online learning or training courses to help the person learn skills that may make them less likely to offend again

For other types of CPOs, a justice social worker will meet regularly with the person to work on the reasons why they became involved in the justice system. A support worker might also be involved to help with any practical issues like housing and benefits.

Diversion from prosecution

Diversion from prosecution is an alternative way of dealing with Police charges. In some circumstances, rather than prosecute through court, the case may be diverted to the Justice Service to work with the person. If the person agrees to participate, a short period of intervention is offered. If the person works with our service and completes the period of diversion, then it is most likely no further action will be taken.

The aim is to prevent people from committing another crime. Justice social work, or other agency, will help the person to tackle the underlying problems that might be contributing to offending behaviour.

Diversion may be considered in cases involving young people or first offences, for lower-level offences or cases that aren't in the public interest to prosecute.

More information about diversion from prosecution is available in Community Justice Scotland's Diversion from prosecution guidance.

Drug Treatment and Testing Order

The court may impose a Drug Treatment and Testing Order (DTTO) as an alternative to custody if drug misuse was a significant factor behind the offending behaviour.

A DTTO is an intensive Order requiring the person to meet regularly with their justice social worker who acts as a case manager. The person will also have contact with the Integrated Drug and Alcohol service, which provides additional input, support and intervention. As part of the Order, the person is drug tested regularly and progress made, or otherwise, will be reviewed regularly by the Court.