Community Orders Flashcards
(37 cards)
What legislation introduced the Community Order?
Section 177 of the Criminal Justice Act 2003.
Q: What is the primary focus of a Community Order?
Rehabilitation and behaviour monitoring.
Last between 1 day and 3 years
Name 3 possible requirements under a Community Order.
Unpaid work (community payback), Electric Monitoring, Electronic Tagging
What is community payback and its aims?
- Reparation: The action of making amends for a wrong one has done (Restorative Justice)
- Retribution/ Just deserts: Punished because they deserve it
between 40 and 300 hours, work depends on locality
What are eligibility criteria for Community Payback projects?
Must benefit the community, not replace paid work, be challenging, constructive, and visible.
What is significant about community paybacks visible punishment?
It allows citizens to see justice being done
Re-intergrative shaming (Braithwaite)
What change did the Crime and Courts Act 2013 introduce?
Made punishment a mandatory component of adult community sentences.
What is the measure of supervision?
Can receive up to 3 years of supervision, rarely a stand alone requirement, aim is to promote the offenders rehabilitation
Name two changes made to toughen up community sentences.
Maximum curfew extended to 16 hours/day, 12 months; foreign travel bans introduced.
What is Radio Frequency (RF) tagging used for?
Enforcing curfews by monitoring presence at a fixed address.
What does GPS tracking allow that RF does not?
Real-time and retrospective movement monitoring across locations.
What are potential benefits of EM?
Alternative to custody, better family ties, employment compliance, deterrence
What did Hudson & Jones (2016) find about GPS tagging?
Reduced police attention, helped offenders avoid suspicion, supported structure and habit-breaking
What is the “electric alibi”?
The GPS tag acts as evidence of a person’s location at all times.
How can GPS tagging affect criminal opportunities?
Wearers are seen as liabilities by co-offenders, reducing peer pressure to offend.
What are the main limitations of EM?
Over-complex systems, limited police access to real-time data, cost, and limited crime prevention.
What are civil liberty concerns with EM?
Tracking/surveillance, stigma, reputational damage, and shame.
What are the major phases in the changing landscape of the probation service?
Penal welfarism (to 1980s), Criminal justice/offender management (1990s), NOMS and privatisation (2000s), Transforming Rehabilitation (2013–2019), Reunification (2019–2021+).
When was the probation service created, and by what Act?
In 1907 by the Probation of Offenders Act.
What is the primary function of probation under the Criminal Justice Act 2003 s.177?
To manage community orders as a form of sentence.
What was the probation officer’s role during the era of penal welfarism?
Advise, assist, and befriend; work voluntarily with clients to support rehabilitation.
What did probation look like before the 1980s?
Localised, individualised, voluntary, social-work based, and seen as an alternative to punishment.
What was the significance of the Criminal Justice Act 1948?
Extended probation officers’ role to supervise those leaving prison; recorded conviction.
How did political rhetoric challenge non-custodial sentences like probation?
It emphasized a lack of “toughness” and pushed for more punitive measures
