Unpaid Work & Covid – Judicial Strategy for ensuring offenders are punished
“As you may be aware, the delivery of Unpaid Work (UPW) has been significantly impacted by the Covid 19 pandemic. Although the Probation Service is now at around 80% of pre-pandemic delivery, there have been periods of time over the last 24 months where little UPW activity could take place.
This has resulted in a significant number of UPW requirements reaching their 12 month point without completing the hours which the Probation Service terms as an UPW backlog.
Legislation states that UPW hours must be completed within 12 months and the Probation Service has a responsibility to ensure that the sentence of the court is carried out. HMPPS have explored potential legislative solutions to extending unpaid work requirements impacted by the pandemic. It has proved difficult to find a legislative vehicle to support this and therefore we have sought an alternative option which works for both HMCTS and probation.
Working collaboratively with the SPJs Office and HMCTS, the Probation Service has trialled in Nottingham Magistrates Court and Leeds Crown Court, a bespoke way of submitting several applications for extension in one sitting.
This process is possible because there is a single reason for extension, i.e. the inability to offer UPW placements during covid restrictions. Under the proposed process, people on probation will be summonsed, though reminded that the court may deal with the application in their absence and therefore they need not attend unless they wish to object. Courts will be provided with focused information relating to each application so an informed decision can be made in each case. Should further information for an individual application be required, this may be requested from Probation at the hearing and if immediately unavailable, courts may decide to adjourn the application.
Courts will have all options available to them highlighted. The decision for extension is a judicial one.
The process has been designed as such, to ensure minimal impact on HMCTS court staff. In agreement with the Deputy Senior Presiding Judge and HMCTS, approval has now been given to roll out this process nationally across England and Wales. Briefings will begin shortly for staff across HMCTS and the Probation Service. This includes Heads of Legal Operations and Heads of Crime in each region. Regional task and finish groups consisting of representatives from the Probation Service and HMCTS will be set up to co-ordinate the approach across Local Justice Areas and Regions. It is anticipated that roll out will begin late April 2022.
Eligibility
All Community Orders sentenced between 16th March 2019 and 30th June 2020 – approximately 4,700 cases. An assurance activity has been completed by Probation Practitioners to exclude cases where we know the Unpaid Work requirement is unworkable.
As such, to the best of our knowledge and assessment, those Unpaid Work requirements being submitted for extension under the multiple application process are workable. The following cases have been excluded from the process and will be dealt by individual applications to vary as per the business as usual process Suspended Sentence Orders Scottish Orders/Youth Rehabilitation Orders/Military Orders Orders currently under Breach/Warrant
Magistrates’ Court
Regional task and finish groups will identify local approach based on court capacity.
Up to 50 cases will be heard in each sitting Sentencers will be provided with a list of cases with key information for each person on probation Legal advisers/ court associates will be provided with a script to support the hearing Cases will be heard in a court in the local justice area stated on the order
Crown Courts
Regional task and finish groups will identify local approach based on court capacity Up to 5 cases will be heard in each sitting Sentencers will be provided with a bespoke application to extend for each case Court staff will be provided with a script to support the hearing Cases will be heard in the court nearest to where the person on probation resides The Deputy Senior Presiding Judge has agreed with the Resident Judges of the Crown Court that it would be appropriate, for the purposes of this roll out, for the Probation Service to be granted Rights of Audience in all Crown Courts.”