Criminal justice
DISCLAIMER
The duties listed below are currently under review and have not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.
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Provide advice and assistance to supervised adults
Councils provide support to individuals who are under court supervision, such as those with community payback orders or restriction of liberty orders. -
Provide social background reports for courts
Councils must prepare reports about a person’s background to help judges make informed decisions during sentencing. -
Detain young persons under 18 when ordered by the court
If a court decides that a young person under 18 must be detained, the council must make sure they are placed somewhere safe. -
Manage Community Payback Orders
Councils must supervise and deliver the components of Community Payback Orders (CPOs), which may include unpaid work, behaviour programmes, or treatment for addiction. -
Consider diversion from prosecution as an alternative to formal prosecutorial action
Councils work with prosecutors to divert people away from formal court proceedings. -
Consider structured deferred sentences as a proportionate sentencing option
Councils must monitor individuals under structured deferred sentences, where courts delay sentencing to allow engagement with support services. -
Provide bail supervision as an alternative to remand
Councils may provide supervision for individuals granted bail to ensure they comply with bail conditions and attend court. -
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Carry out risk management for serious offenders
Councils must assess and manage risks for individuals under lifelong restriction orders, working with the Risk Management Authority. -
Provide youth justice support
Councils must support children and young people involved in offending through care, supervision, and interventions. -
Provide restorative justice and victim support
Councils may offer restorative justice programmes where offenders meet victims to understand the impact of their actions. -
Manage cross-border supervision transfers
Councils must manage the legal and practical transfer of supervision orders when someone moves between UK regions. -
Supervise and manage Drug Treatment and Testing Orders (DTTOs)
Councils manage Drug Treatment and Testing Orders (DTTOs) through criminal justice social work services. -
Support Restriction of Liberty Orders (RLOs)
Councils must assess individuals to help courts decide if a Restriction of Liberty Order (RLO) is appropriate. -
Provide Appropriate Adult services
Councils must provide an Appropriate Adult to support vulnerable people, like young adults or those with learning difficulties, when they are being questioned by the police. -
Participate in Multi-Agency Public Protection Arrangements (MAPPA)
Councils must work together with the police, health services, and other agencies to manage and reduce the risk posed by serious offenders living in the community. -
Prepare risk management plans
Councils have a duty to prepare risk management plans for individuals who pose a significant risk to public safety, particularly those convicted of serious offences. -
Have due regard to preventing people from being drawn into terrorism
Councils must have due regard to preventing people from being drawn into terrorism by taking reasonable steps to identify and reduce risks that could lead individuals toward extremist views or actions. -
Create an anti-social behaviour strategy
Councils are required to work with Police Scotland and other partners to develop a clear plan for tackling anti-social behaviour in their area. -
Coordinate and deliver local domestic abuse support
Councils are responsible for organising and providing help for people affected by domestic abuse within their area. -
Prevent criminalisation and protect children under 12
Councils have a duty to prevent criminalisation and focus on care and early intervention for children under the age of 12.