Community Based Court Disposals

The 2005 Scottish Government publication ‘Supporting Safer, Stronger Communities: Scotland’s Criminal Justice Plan’ cited reducing re-offending as a major objective, with community disposals acknowledged as an important means of achieving this.  In this publication it is explained that community options are more conducive to rehabilitation as they allow the offender to maintain important contacts within their community and build upon factors in the offender’s life that may reduce further offending.  In addition, the Criminal Justice Plan goes on to state that short-term sentences can, in contrast, have a disruptive effective on the offender to the extent that factors which may have led to offending in the first place will be exacerbated.  It is further acknowledged by the Criminal Justice Plan that one particular challenge for community disposals is engaging public confidence in their effectiveness, ensuring that such disposals are both robust in nature and protect against re-offending. 

In Scotland, community sentences have increased from 8% of all disposals in 1995/6 to 13% in 2004/05.  Such disposals include Supervised Attendance Orders, Community Reparation Orders, Drug Treatment and Testing Orders and Restriction of Liberty Orders.  Research and evaluation of these Orders is somewhat limited in Scotland given their relatively recent introduction, but useful literature can nevertheless be found on the Scottish Government website.

  • ‘Evaluation of a Pilot to Test the Implementation of Supervised Attendance Orders as Disposals in the First Instance (S236 SAOS)’: Research Findings and Full Report
  • ‘Reconviction Following Drug Treatment and Testing Orders’ (2004): Full Report.
  • ‘Establishing Drug Courts in Scotland: Early Experiences of the Pilot Drug Courts in Glasgow and Fife’ (2003): Research Findings.

  • ‘An evaluation of the Glasgow and Fife Drug Courts and their aim to reduce drug use and drug related reoffending’ (2006): Research Findings.

In general, literature on community disposals can become outdated very quickly and so making recommendations as to specific papers is difficult.  Along with the Scottish Government website, some interesting literature can, however, also be found on the site for the National Probation Service for England and Wales.

The Centre holds a number of books on this subject, details of which can be found here