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Community Payback Order Annual Return 2023-24

Perth and Kinross Council · 27 November 2024
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Perth and Kinross Council 
Housing and Social Wellbeing Committee 
27 November 2024 
COMMUNITY PAYBACK ORDER ANNUAL RETURN 2023-24 
Report by Strategic Lead – Children, Families and Justice 
(Report No. 24/338) 
1. PURPOSE 
1.1 The Criminal Procedure (Scotland) Act 1995 places a duty on local authorities
to submit an annual return about the operation of Community Payback Orders
(CPOs) to Community Justice Scotland (CJS).  In turn CJS have a duty to
collate all local authority reports and lay a summary report before the Scottish
Parliament.  The power to direct local authorities on the content of the return
remains with Scottish ministers. 
1.2 This report introduces the Perth and Kinross CPO Annual Return for 2023-24
in compliance with that requirement. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee: 
• Takes assurance about the work being undertaken by the Community
Justice Social Work (CJSW) team and the Unpaid Work (UPW) teams in
respect of CPOs in Perth and Kinross; 
• Endorses the contents of this report; and 
• Requests the Strategic Lead for Children, Families and Justice brings
forward an annual report regarding the activity and performance of CPOs. 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4:  Background
• Section 5:  Conclusion
• Appendices

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4. BACKGROUND 
4.1 The Criminal Procedure (Scotland) Act 1995, as amended, introduced CPOs
as the new statutory community disposal.  CPO 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. 
• An alcohol treatment requirement. 
• A conduct requirement. 
• A restricted movement 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 UPW
which includes ‘other activity’.  The level of the latter is determined by the
number of hours imposed.  The CPOs are managed and delivered by the
Council’s Justice and Community Safety Service, specifically, the CJSW team
and the UPW team.   
4.3 CPO Annual Return 
4.3.1  The Perth and Kinross CPO Annual Return for the period 2023-24 
(Appendix 1) was submitted to CJS in October 2024 and records pertinent
CPO activity.    
4.3.2  Table 1 below indicates the number of new CPOs imposed and the number of
individuals who received this Order.  Although a risk was anticipated due to
Courts clearing their backlog of cases, the number has remained similar to
2022-23.  However, and accepting this is not within this reporting period, it is
noted that since April 2024, there has been an increase in new CPOs.  This is
being closely monitored as this will inform points for discussion with local
Sherriffs.   
Table 1: Number of new CPOs and individuals for the preceding three
years, excluding 2020-21 but including 2019-20 which was the last full
reporting year before the Covid pandemic   
Activity 2019-20 2021-22 2022-23 2023-24
New CPOs 353 215 296 294
Individuals
with new CPOs 311 202 259 258

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4.3.3  Table 2 below highlights the total number of CPOs with a supervision
requirement.  Requirement numbers reflect a minor decrease against 
2022-23, with the average length in months almost returning to pre Covid
pandemic levels.  The average length of a supervision requirement continues
to remain reasonably stable. 
Table 2: New Supervision Requirements and average length (months)
for the preceding three years, excluding 2020-21 but including 2019-20
which was the last full reporting year before the Covid pandemic 
Activity  2019-20  2021-22    2022-23 2023-24
CPO with a 
Supervision 
Requirement  219   133   193 188 
Average length
of a Supervision 
Requirement 
(months) 
14.4    15.3 15.5     14.25 
4.3.4 Table 3 below highlights that the average length of an UPW CPO in hours has
remained similar over the previous three years.  However, the volumes of
UPW requirements while increasing, remain 26% lower than pre Covid
pandemic levels.  As is noted in the CPO Annual Return, this situation is
being monitored with the view that, as demand increases, UPW is flexible
enough to manage this rise and service these Orders. 
Table 3: New UPW requirements and average length (hours) for the
preceding three years, excluding 2020-21 but including 2019-20 which
was the last full reporting year before the Covid pandemic  
Activity    2019-20  2021-22    2022-23 2023-24
New number of
UPW CPOs  271  145    197 200
Average length 
of UPW CPOs
(hours) 
142.2  131.9    126.3 133.8 
4.3.5  The ‘unpaid work and/or other activity’ requirement was the most imposed of
the requirements available to the Court.  UPW can be imposed for any period
between 20 and 300 hours and ‘other activity’ for 30 hours to 30% of the
Order and depends on whichever is lower.  The expectation of the order is
that the individual’s payback through work and learning will be of benefit to the
community.  The activities and visibility of UPW is designed to enhance the
confidence of the public and improve their understanding of community
sentences.  The work offered also provides opportunities for individuals to
learn new skills which can lead to enhancing their employability prospects and
a practical alternative route out of offending.  To accommodate and support
people to complete their Orders, sessions are delivered over evenings and
weekends which allows those who work to continue with their employment or
ensure they can manage their childcare and/or family commitments.

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4.3.6 Table 4 below highlights a steady increase in the number of terminations over
the preceding three years, with a slight percentage decrease in successful
completions during 2023-24.  Revocation occurs following either a breach or
review of a CPO.   
A breach is usually because of an individual’s non-compliance with the
conditions of their CPO whereas revocation at a review takes place where
there are concerns about a person’s progress and their level of risk and
potential to re-offend.  Following a referral back to Court, the original order
may be revoked and the person made subject to a new and potentially longer
CPO or a period in custody if their risk is not deemed to be manageable in the
community.  Although the revocation of Orders has increased, specifically
when an Order is reviewed, this is often due to a change in circumstances or
behaviour which suggests there is an increased likelihood and risk of re-
offending.   
Table 4: Reasons for CPO terminations for the three preceding years, a
excluding 2020-21 but including 2019-20 which was the last full
reporting year before the Covid pandemic  
Year 
CPO
Successfully
Completed
CPO Revoked
(Review) 
CPO Revoked
(Breach)  Total 
2019-20  273 (67.9%)  23 (5.7%)  80 (19.9%)  402 
2021-22  112 (61.5%)  6 (3.3%)  25 (13.7%)  182 
2022-23  167 (65.7%)  12 (4.7%)  55 (21.7%)  254 
2023-24  188 (61.1%) 25 (8.1%) 62 (20.1%) 308 
5. CONCLUSION 
5.1 The Council’s Justice Social Work Service remains focussed on improving
outcomes for individuals in the justice system and our communities.   
5.2 From the data over the previous three years it is apparent that, while the
volume of activity has increased, it has yet to return to pre Covid 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.  These challenges to date have
been addressed at Government level through the promotion of early
intervention approaches like Bail Supervision and Diversion from Prosecution. 
These approaches were adopted early by CJSW to help support and manage
people at a lower level in the justice system without Court involvement and
remain connected to their families and community.  However, when necessary
and if merited by the seriousness of the offence, it does not negate the
requirement for Court intervention and the imposition of a CPO or custodial
sentence when appropriate.

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5.3 Irrespective of the disposal received by a person in the justice system, the aim
of CJSW is to manage and support those individuals to address the reasons
why they offend and live a more purposeful and productive life.   
Author
Name Designation Contact Details
Nicola Rogerson  Service Manager – 
Justice Social Work 
FBSCommittee@pkc.gov.uk   
01738 475000 
Approved
Name Designation Date
Arun Singh Strategic Lead – Children,
Families and Justice
14 November 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;

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(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).   
1.3 The report also links to the Education and Learning; and the Children,
Families and Justice 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. 
3.  APPENDICES 
3.1 Appendix 1 - Perth and Kinross CPO Annual Return 2023/24