Payback with a purpose – a community approach to justice

“It was safe to say I was a lost cause before this. I think I have benefited so much from this. I’ve become a far better version of myself and have achieved things I never thought was possible.” 

Those are the words of a participant given a community payback and supervisory sentence in Orkney as an alternative to prison. 

Community sentences – where appropriate – don't just make a difference by “paying back” communities where crimes are committed, but also to the offenders, with the ultimate aim of breaking the cycle of reoffending. 

Another participant was taught the proper use of tools which assisted in gaining a trades apprenticeship with the hope of onward employment. 

One more spoke of the powerful impact a community sentence and supervision had on improving their mental health. “I’m able to think about ways to deal with a situation. I’ve been able to talk to family more. (I) don’t feel as negative about myself as much,” they added. 

Improving a person’s mental health, their confidence, reducing drug and alcohol abuse, and supporting them are all factors which can, in turn, help to reduce the likelihood of reoffending. 

A reduction in crime benefits everyone – and it’s important that where appropriate for the crime and the individual, community sentences may be considered a better alternative to prison. 

This is not about a soft option – this is about looking at each individual case and assessing which sentence is most appropriate with the goal of people living within a society that is as free from crime as possible. 

That is key at a time when the Scottish Prison Service says it has reached a “tipping point” with many prisons in Scotland now full. 

Community Payback Orders (CPOs) were set up in 2011 by the Scottish Government. 

Before Sheriffs sentence someone to a CPO they would normally first get a report from a criminal justice social worker. 

The report will give the Sheriff background information about the person such as any offences they committed before, their risk of offending again, their need to change their offending behaviour, and their health and their living situation. 

Depending on the requirements of the CPO, a member of the justice team will be assigned to support the person to complete his/her order. This can be a criminal justice social worker, a community payback supervisor or in some cases both who will provide simultaneous support and intervention. However, in all cases the justice team will consult with others, as necessary including: court services, Police, voluntary groups, third sector providers, community councils, health services, including addiction support and housing. 

People subject to a CPO can be ordered to carry out between 20 and 300 hours of unpaid work and will be managed by a community payback supervisor. 

Examples include: cleaning beaches, graffiti or litter, redecorating buildings, gardening, making benches or planters. 

In Orkney, community payback participants were able to help give the Aurrida gardens a new lease of life ahead of a community fair and public opening of their polytunnel. 

Sarah Muir, of Aurrida, said: “The team did an amazing job. They cleaned up and painted lots of fences, benches, the summer house and shed ready for the summer fair. They went above and beyond helping us prepare Aurrida for the summer fair. They were very polite and discreet and worked really well.” 

Community payback participants were also tasked with tidying up and weeding at the Barnhouse settlement. 

A Historic Environment Scotland spokesperson said: “Thank you so much for tiding up Barnhouse, the guys made a brilliant job of it and it’s looking great again.” 

Supervision is a common requirement of a CPO. It aims to change the way the person behaves by making them attend regular appointments with a criminal justice social worker. The social worker looks to address what makes them engage in offending behaviour, for example, poor decision-making. The social worker also monitors how they keep to the requirements of the Order. 

People who breach the conditions of a CPO can be returned to court. Depending on the nature of the CPO and the circumstances of the breach, the court can revoke the order and give them a different sentence – such as prison or a fine or give the person additional unpaid work hours– the conditions of the order can also be varied to include a conduct requirement. Alternatively, the court may decide to allow the CPO to continue as it is, if satisfied it is appropriate to do so. 

The Council’s Service Manager Criminal Justice and Public Protection, Sharon-ann Paget, said: “Where appropriate a community sentence as an alternative to prison can benefit in a number of different ways - from learning the value of meaningful work in society to getting experience of working as part of a team, starting and finishing on time, and gaining skills that can help with future employment away from crime when their unpaid work ends.  

“We want to find solutions by working with communities for the benefit of all.” 

Part of this is the introduction of a new free online directory to provide information on community-based court interventions and support in all local authorities across Scotland, including Orkney. 

The directory is aimed at assisting legal decision-makers, particularly sheriffs, about the community-based support available in their local area that a sheriff may draw upon when sentencing. 

The directory will include relevant information on community interventions, such as actions a court can take which include sentences such as Community Payback Orders, Drug Treatment and Testing Orders, Structured Deferred Sentences and other measures such as Bail Supervision and Third Sector Programmes. 

Also included will be local community support options - information on statutory and third sector organisations or groups providing help to individuals. 

The Council’s Planning, Performance & Information Officer - Community Justice, Matthew Webb, said: “Community justice is about changing the way we think about justice to deliver better outcomes for victims, communities and those involved with the justice system. 

“Sentences served in the community, where appropriate, are more effective than those served in prison. It recognises that those who have broken the law need to be held to account for their actions and allows them to give something back to their community, whilst staying connected to all the important relationships and support networks needed for a productive life, resulting in less crime being committed. 

“The directory simply provides information about services operating in each local authority area, it is not a referral pathway. Each support has its own criteria for who they’re able to help. 

“We are appealing for groups and organisations within Orkney who feel they are placed to offer some sort of community-based support that a sheriff or other legal decision maker may be able to draw upon. Let’s grow support for community-based solutions, together!” 

Read more on the online directory here: Launch: Community Interventions and Support Directory - Community Justice Scotland 

Services, organisations or groups who support people in the community can submit information through an online form.  

For help or guidance email: info@communityjustice.scot