Powers of the Courts-ADULT COMMUNITY ORDERS

Question 1

What did the Criminal Justice Act 2003 do which stopped community orders being seen as ‘soft’ to use by courts ?

Answer 1

-Created one community order in which the court can combine any requirements they think are necessary

Question 2

What is a positive about being able to ‘mix and match’ sentence requirements for community orders?

Answer 2

This allows the courts to fit the restrictions and rehabilitation to the offenders needs.

Question 3

What is the age needed to be for community order sentences?

Answer 3

16 and over

Question 4

Where are the full list of requirements available to the courts (what powers)?

Answer 4

in s.117 of the Criminal Justice Act 2003

Question 5

What are the types of community order requirements?

12

Answer 5

• an activity requirement
• an attendance centre requirement, in the a case the offender is under 25,
• alcohol treatment requirement
• programme requirement
• prohibited activity requirement
• curfew requirement
• drug rehabilitation requirement
• exclusion requirement
• mental heath treatment requirement
• residence requirement
• supervision requirement
• unpaid work requirement

Question 6

How many hours can the courts sentence you to an’ unpaid work requirement’ ?

Answer 6

offender must work between 40 and 300 hours on a suitable project organised by the probation service

Question 7

How long must the offender work on ‘unpaid work requirements’?

Answer 7

usually 8 hour sessions often at weekends

Question 8

What type of work is involved in the ‘unpaid work requirement’ community order?
(2)

Answer 8

This will vary depending on what schemes the local probation service have running

• paint school buildings
• help build a play centre of work on conservation projects

Question 9

Which french footballer was given an ‘unpaid work requirement’ for assaulting a football fan?

Answer 9

Eric Cantona

Question 10

What did the court require Eric Cantona do as his ‘unpaid work requirement’?

Answer 10

help at coaching sessions for young footballers

Question 11

What is a criticism of unpaid work requirement ?

Answer 11

The number of hours are not enough

-other countries run similar schemes which impose much longer hours

Question 12

What is prohibited activity requirement ?

Answer 12

This requirement allows a wide variety of activities be prohibited

Question 13

What is the aim of a prohibited activity requirement ?

Answer 13

the idea is to try to prevent the defendant from committing another crime of the crime that he has just been convicted of

Question 14

What is the most common type of prohibited activity requirement?

give an example of something prohibited

Answer 14

Often the defendant is forbidden to go into a certain area where he has caused trouble

-In some cases a defendant has been banned from wearing a hoodie

Question 15

What happened in 2006 to a defendant who was found guilty of criminal damage? (4)

Answer 15

They were banned from carrying paint, dye, ink or marker pens

Question 16

What is a curfew requirement?hours

Answer 16

Where the defendant is ordered to remain at a fixed address between 2-16 hours in an 24 hour period

Question 17

How long can curfew requirements last?

Answer 17

up to 6 months

Question 18

When can a court use a curfew requirement?

Answer 18

When there is an agreement for monitoring curfews in their area

Question 19

How can curfew requirements be monitored?

4

Answer 19

• spot checks
• security firms sending someone to make sure that the offender is home
• electronically tagged
• pilot schemes on using satellite technology to track those who are tagged

Question 20

What is a negative and positive of curfew requirements?

Answer 20

electronically tagging is expensive BUT it is cheaper than keeping an offender in prison

Question 21

How much has the use of electronic tagging increased from 2005-2011?

Answer 21

its use has doubled

Question 22

What did the report of 2012 by the Chief Inspector of probation show in regards to curfew requirements?

Answer 22

That over half of offenders ordered to wear an electronic tag broke the terms of their curfew

• 20% were minor violations
• 37% were serious violations

Question 23

What are exclusion requirements?

Answer 23

Where offenders are ordered not to go to to certain places

-The order can specify different places for different periods or days

Question 24

What is the purpose of exclusion requirements?

Answer 24

the intent is to keep offenders away from areas where they are most likely to commit crime

Question 25

What is an example of a use of an exclusion requirement?

Answer 25

e.g a shoplifter could be banned from certain shopping areas

Question 26

How long can exclusion requirements last for

• those aged 16 and over
• under 16?

Answer 26

The order can be kept for up to 2 years for offenders aged 16 and over
-max of 3 months for those aged under 16

Question 27

What is a supervision requirement, how long?

Answer 27

Where the offender is placed under the supervision of a probation officer for period of up to 3 years

Question 28

What must the offender do whilst on a supervision requirement?

Answer 28

Offender must attend appointments with the supervising officer or with any other person decided by the supervising officer

Question 29

What does the Criminal Justice Act 2003 state regarding the supervision requirement on why it may be imposed?

Answer 29

that a supervision requirement may be imposed for the purpose of ‘promoting the offenders rehabilitation’