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Community Payback Order Annual Report 2022/23

Perth and Kinross Council · 19 June 2024
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Perth and Kinross Council 
Housing and Social Wellbeing Committee 
19 June 2024 
COMMUNITY PAYBACK ORDER ANNUAL REPORT 2022-23 
Report by Strategic Lead – Children, Families and Justice
(Report No. 24/190)
1. PURPOSE
1.1 This report provides an update for the period 2022-23 on the operation of
Community Payback Orders (CPOs) in Perth and Kinross.  The Orders are
managed and delivered by the Justice and Community Safety Service,
specifically the Community Justice Social Work team (CJSW) and the
Unpaid Work team (UPW).  All activity is carried out in accordance with the
requirements of the Criminal Justice and Licensing (Scotland) Act 2010.
2. RECOMMENDATION 
2.1 It is recommended that the Committee: 
• Take assurance about the work being undertaken by the CJSW and
UPW teams in respect of CPOs in Perth and Kinross; and 
• Requests the Strategic Lead for Children, Families and Justice brings
forward a report regarding the activity and performance of CPOs in 
12 months’ time.
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4:  Background
• Appendices
4. BACKGROUND 
4.1 The Criminal Justice and Licensing (Scotland) Act 2010 introduced CPO as a
new statutory community disposal.  CPOs is therefore a generic term which
covers a range of disposal options which includes the following: 
• An offender supervision requirement.
• A compensation requirement.
• An unpaid work or other activity requirement.
• A programme requirement.
• A residence requirement.
• A mental health requirement.
• A drug treatment requirement.

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• An alcohol treatment requirement.
• A conduct requirement. 
4.2 When these requirements are imposed by the Court, it is mandatory that they
are overseen by a suitably qualified social worker except for low-level unpaid
work or other activity.  The level is determined by the number of hours
imposed. 
4.3 CPO Annual Report 
4.3.1 The Criminal Procedure (Scotland) Act 1995 places a duty on local authorities
to submit an annual report about the operation of CPOs to Scottish Ministers
by the end of October each year.  Following the Community Justice (Scotland)
Act 2016, this responsibility was transferred to Community Justice Scotland
(CJS).  This placed a duty on CJS to collate all local authority reports and lay
a summary report before the Scottish Parliament.  Until this takes place, all
local authority reports are embargoed.  The power to direct local authorities on
the content of the report remains with Scottish ministers. 
4.3.2 In the production of the CPO Annual Report, local authorities are expected to
fulfil their requirement by: 
• Continuing to submit statistics for each financial year to the Scottish
Government on the operation of community sentences in their areas
(Unit Return) and; 
• Providing a narrative account of the implementation and operation of the
CPOs in the financial year to which the Unit Return refers. 
4.3.3 Attached to this report is the CPO Annual Report for Perth and Kinross for the
period 2022-23 (Appendix 1) which was submitted to CJS in October 2023
and records pertinent CPO activity.  In addition, this report provides some
data which gives an indication of the impact of the COVID-19 pandemic on
aspects of core activity in contrast to the data from 2019-20 which was the
last full reporting year. 
4.3.4 Table 1 below indicates the number of new CPOs imposed and the number of
individuals who received a new CPO.  Both figures remain below that of 
2019-20 with new CPOs 16% lower and individuals who received a new CPO
being 16.7% lower.  While numbers have yet to reach pre-pandemic levels,
there is a notable steady increase in both areas which is anticipated to
continue as the Courts manage their backlog of work.

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Table 1: Number of new CPOs and individuals for the preceding three
years, and for the year ended 31 March 2019 
Activity 2019-20  2020-21  2021-22 2022-23
New CPOs 353  148  215 296
Individuals
with new CPOs 311  138  202 259 
4.3.5 Table 2 below highlights the total number of CPOs with a supervision
requirement which has seen a steady rise and almost returned to pre-
pandemic levels.  The average length of a supervision requirement has
remained reasonably stable, the variation not exceeding 1.5 months which
may be an indication of the Courts confidence in using this sentencing option. 
Table 2: New Supervision Requirements and average length (months)
for the preceding three years, and the year ended 31 March 19 
Activity  2019-20  2020-21 2021-22  2022-23 
CPO with a
Supervision
Requirement
219  103 133 193 
Average length
of a Supervision
Requirement
(months)
14.4 17.1 15.3  15.5 
4.3.6 Table 3 below indicates the total number of UPW requirements which were
approximately 27.3% lower in 2022-23 compared to 2019-20.  Despite this,
the number of UPW requirements has been consistently increasing since
2020-21 although the volume has yet to reach pre-pandemic levels.  The
challenge of managing UPW activity during the COVID-19 pandemic was
impacted by the reduced operational capacity of the Court and legislated
percentage decrease of a portion of UPW hours.  While the latter action was
to mitigate the impact from intermittent COVID-19 lockdowns, it resulted in
skewing the performance data and made it difficult to use this information in a
meaningful way.  However, it is notable that there was a 27% reduction in new
UPW requirements in 2022-23 compared to 2019-20 with a reduction of 15.9
(11.2%) in the average length of hours imposed during the same period. 
Although definitive conclusions cannot be drawn from this, it will be monitored
and inform part of our ongoing liaison and discussion with our local Sheriffs.

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Table 3: New UPW requirements and average length (hours) for the
preceding three years, and for the year ended 31 March 2019 
Activity  2019-20 2020-21 2021-22 2022-23
New number of
UPW CPOs 271 104 145 197
Average length
of UPW CPOs
(hours)
142.2 142.6 131.9 126.3 
4.3.7 Table 4 below highlights the percentage of CPOs which were successfully
completed, and although the number of CPOs remained lower in 2022-23
than 2019-20, the percentage of Order completions remained similar.  The
table also notes CPOs which are breached and returned to Court.  This is
usually because of an individual’s non-compliance or following a review of the
CPO where there is concern regarding the level of risk and potential to re-
offend.   
The outcome of a breach often results in an individual being made subject to
a new and potentially longer CPO or to a period in custody if their risk is not
deemed to be manageable in the community. 
Table 4: Reasons for CPO terminations for the preceding years 
Year
CPO
Successfully
Completed
CPO Revoked
(Review)
CPO Revoked
(Breach) Other ¹ Total
2019/20 273 (67.9%) 23 (5.7%) 80 (19.9%) 26 (6.5%) 402
2020-21 135 (73.8%) 6 (3.3%) 24 (13.1%) 18 (9.8%) 183
2021-22 112 (61.5%) 6 (3.3%) 25 (13.7%) 39 (21.4%) 182
2022-23 167 (65.7%) 12 (4.7%) 55 (21.7%) 20 (7.9%) 254
¹ Includes Orders where the client did not (or was unable to) comply and orders which were
transferred in from another local authority or a country outwith Scotland. 
4.3.8 The Justice Social Work Service remains focussed on improving outcomes for
individuals in the justice system, and while our performance information is
pivotal to this, it has been challenging over the preceding years to utilise this
information to best effect.  From the data over the previous three years, it is
apparent that the volume of activity is steadily increasing and returning closer
to pre-pandemic levels.  This is set against the continued backlog of work
which the Courts are attempting to address as well as the challenges for the
Scottish Prison Service and the increasing prison population.  The Scottish
Government have promoted mechanisms to address this, and these will be
reported on in future reports. 
4.3.9 Through the COVID-19 pandemic recovery process, Justice Social Work and
Safer Community colleagues have looked for opportunities to improve service
delivery and address some of the gaps in service provision.

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These include the expansion of Bail Supervision and Diversion from
Prosecution to support and divert people from coming into the justice system. 
The reporting year has also seen the development of a Throughcare test of
change for those leaving custody after a short sentence.  This is a co-
ordinated multi-agency approach to support residents of Perth and Kinross
who are leaving custody and address their specific and immediate needs, eg
housing, medication (including GP registration) and benefits etc.  Early
indications of the impact of this intervention are positive with the plan to
extend this offer to those on remand.  The progress and impact of this
approach is being monitored and will be more fully reported on in future
reporting periods.   
Author
Name Designation Contact Details
Nicola Rogerson Service Manager –
Justice Social Work
ECSCommittee@pkc.gov.uk 
01738 475000 
Approved
Name Designation Date
Arun Singh  Strategic Lead – Children,
Families and Justice 
29 May 2024

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ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION 
Strategic Implications Yes/None
Community Plan/Single Outcome Agreement  Yes
Corporate Plan  Yes
Resource Implications  
Financial  None
Workforce None
Asset Management (land, property, IST) None
Assessments  
Equality Impact Assessment None
Strategic Environmental Assessment None
Sustainability (community, economic, environmental) None
Legal and Governance  None
Risk None
Consultation 
Internal  None
External  None
Communication 
Communications Plan  None 
1. Strategic Implications  
Community Plan/Single Outcome Agreement 
1.1 This section sets out how the proposals relate to the delivery of the Perth and
Kinross Community Plan/Single Outcome Agreement in terms of the following
priorities: 
(i) Giving every child the best start in life;
(ii) Developing educated, responsible and informed citizens;
(iii) Promoting a prosperous, inclusive and sustainable economy;
(iv) Supporting people to lead independent, healthy and active lives; and
(v) Creating a safe and sustainable place for future generations. 
This report relates to Objective No. (v).   
Corporate Plan 
1.2 This section sets out how the proposals relate to the achievement of the
Council’s Corporate Plan Objectives: 
(i) Giving every child the best start in life;
(ii) Developing educated, responsible and informed citizens;
(iii) Promoting a prosperous, inclusive and sustainable economy;
(iv) Supporting people to lead independent, healthy and active lives; and
(v) Creating a safe and sustainable place for future generations.

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This report relates to Objective No. (v).   
1.3 The report also links to the Education & Children’s Services Vision, Values
and Priorities in respect of the following key Priority area: 
• Safe and Protected 
2. Resource Implications 
Financial 
2.1 This report contains no proposals which would have a financial impact on the
Council. 
Workforce 
2.2 There are no workforce implications arising from this report. 
Asset Management (land, property, IT) 
2.3 There are no asset management implications arising from this report. 
3. Assessments 
3.1 Under the Equality Act 2010, the Council is required to eliminate
discrimination, advance equality of opportunity, and foster good relations
between equality groups.  Carrying out Equality Impact Assessments for plans
and policies allows the Council to demonstrate that it is meeting these duties. 
3.1.1  The proposals have been considered under the Corporate Equalities Impact
Assessment process (EqIA) with the following outcome: 
(i) Assessed as not relevant for the purposes of EqIA. 
Strategic Environmental Assessment 
3.2 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. 
3.2.1 The proposals have been considered under the Act; however, no action is
required as the Act does not apply to the matters presented in this report. 
This is because the Committee are requested to note the contents of the
report only and the Committee are not being requested to approve, adopt or
agree to an action or to set the framework for future decisions.

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Sustainability 
3.3 Under the provisions of the Local Government in Scotland Act 2003, the
Council has to discharge its duties in a way which contributes to the
achievement of sustainable development.  Under the Climate Change
(Scotland) Act 2009 the Council also has a duty relating to climate change
and, in exercising its functions must act: 
• In the way best calculated to delivery of the Act’s emissions reduction
targets.
• In the way best calculated to deliver any statutory adaption programmes.
• In a way that it considers most sustainable. 
3.3.1 There are no issues in respect of sustainability from the proposals in this
report. 
Legal and Governance 
3.4 This report contains no proposals which would have a legal or governance
impact on the Council. 
3.5 Not applicable. 
Risk 
3.6 There are no issues in respect of risk from the proposals in this report. 
4. Consultation 
Internal 
4.1 Not applicable. 
External 
4.2 Not applicable. 
5. Communication 
5.1 There are no communication issues in respect of the proposals in this report. 
2. BACKGROUND PAPERS 
2.1 No background papers, as defined by Section 50D of the Local Government
(Scotland) Act 1973 (and not containing confidential or exempt information)
were relied on to a material extent in preparing the above report.

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3. APPENDICES 
3.1 Appendix 1 - Perth and Kinross Community Payback Order Annual 
Report 2022/23