Structured Deferred Sentence

Interventions Suitable for

Clients who present with low level repeat offending behaviour and would benefit from the support of services tailored to their social and health needs. Low Tariff Structured Deferred Sentence is time limited – normally of three-months duration, although can be extended for further three – six months to allow the continuity of any outstanding work to be completed if deemed necessary.

Programme title and provider

Low Tariff Structured Deferred Sentence
Low Tariff Structured Deferred Sentence is a locally agreed low level court disposal for clients who have a limited history of offending or their offending was associated with any mental health, substance use or social issues they were experiencing at the time they committed the offence. Due to the low level of risk the client poses, Community Justice Assistants supervise these cases.

Details of all Specific national or local scheme/intervention(s) available

The aims of Low Tariff Structured Deferred Sentences are to support the client to address the issues causing them to offend, develop a stable home life and pro-social lifestyle to reduce the risk of reoffending.
Low Tariff Structured Deferred Sentences require clients:

• To attend individual meetings with the Community Justice Assistant to identify and address issues that were directly linked to their offending
• To attend and participate in groups identify in agreement with the Community Justice Assistant to support social inclusion
• To attend appointments with services identified as important to improving their overall wellbeing and reducing the risk of reoffending

Focused work can involve:

• Attendance at the ‘Moving On’ Programme (if assessed appropriate)
• To look at the pros and cons of their offending behaviour
• To improve general health and wellbeing awareness – referral to the ‘Keep Well’ Clinic for general health assessment (if assessed appropriate)
• Promote money management skills – exercise sheets
• Support the client to recognize the skills and abilities they already have, and encourage them to build on these

Possible Outcomes

The work undertaken during the period of Low Tariff Structured Deferred Sentence is aimed at producing positive outcomes for the client by:

• Gaining an understanding of the impact their offending has on the victim, community and family
• Increasing the client’s confidence and self-esteem
• Improving the client’s knowledge and awareness of services to help them access and engage with support networks and professionals  independently i.e., substance use services, DWP and housing
• Break the ‘cycle of offending’
• Successful integration into voluntary networks and promote routes for employment/education within their community
• Reducing substance use if linked to offending behaviour
• Improving the client’s overall health and budgeting skills

Upon the client successfully completing a Low Tariff Structured Deferred Sentence they may receive a lesser sentence or possible admonishment at the end of the deferment period.

Process for Assessment and/or inclusion in scheme/intervention

A Low Tariff Structured Deferred Sentence can be imposed at the pre-sentencing stage at court or recommended by the Criminal Justice Social Work Report writer during the interview stage if the court has requested a report. The preferred period of deferment will be highlighted within the report along with a detailed action plan to be followed by the client during the deferment period.

Interventions suitable for

Clients who are assessed as posing a high risk of reoffending but have indicated a desire to change. Who have breached previous community disposals due to non-compliance and therefore at risk of a custodial sentence being imposed. A High Tariff Structured Deferred Sentence is time limited – normally of three months duration, although can be extended for another three – six months to allow the continuity of any outstanding work to be completed if deemed appropriate.

Programme title and provider

High Tariff Structured Deferred Sentence
High Tariff Structured Deferred Sentence is a locally agreed high level court disposal for clients who have a prolific history of offending or their offending is associated with any mental health, substance use or social issues they were experiencing at the time they committed the offence. Due to the high level of risk the client may pose, supervising officers hold these cases.

Details of all Specific national or local scheme/intervention(s) available

Clients are generally subject to a High tariff Structured Deferred Sentence for an initial three-month period to ‘test’ their engagement (x2 weekly appointments minimum) with Justice services and assess their ‘test for change’. Referrals to support services are also made where appropriate to help clients with any social or health issues linked to their offending. An agreement is in place between Justice Services and Police Scotland in Angus – if the client fails to attend an appointment with their supervising officer, without an acceptable reason, the client will be considered in breach of their order. The supervising officer will then contact the police to advise of the client’s non-attendance and a warrant to apprehend will be initiated.
Justice appointments are made via an appointment slip (copy retained in the office) with two worker signatures (one must be the supervising officer/acting supervising officer) to provide evidence the client has signed for their appointment.
Expectations of High Tariff Structured Deferred Sentences are:

• To attend supervision appointments as directed to evidence motivation and compliance with High tariff Structured Deferred Sentence
• Reside in accommodation recommended in the Criminal Justice Social Work Report
• Continue to evidence desire to make positive changes to their lifestyle
• Engage with services aimed at supporting a pro-social lifestyle and healthy living i.e., reducing substance use if linked to offending behaviour
• Engage in work to gain an understanding of the triggers to offending and develop problem solving skills to reduce reoffending

Possible Outcomes

The period of High Tariff Structured Deferred Sentence is aimed at producing positive outcomes for the client by:

• Compliance with the deferment period
• Evidenced their motivation to address issues linked to their offending behaviour
• Break the cycle of offending
• Recognising the consequences of their actions on others
• Creating a stable and pro-social lifestyle
• Developing a strategy for the future aimed at promoting an offence-free lifestyle

If the client successfully completes the period of deferment and has evidenced a high level of motivation to comply with High tariff Structured Deferred Sentence. They may receive a lesser tariff sentence (Community Payback Order) on their return to court.

Process for Assessment and/or inclusion in scheme/intervention

A High Tariff Structured Deferred Sentence can be imposed at the pre-sentencing stage at court or recommended by the Criminal Justice Social Work Report writer during the interview stage if the court has requested a report. The period of deferment will be highlighted within the report along with a detailed action plan to be followed by the client during the deferment period.

Interventions suitable for

Clients from Angus who are either in custody, on remand or sentenced who have housing related issues.

Programme title and provider

Prison Protocol – Angus Council (Housing)

Details of all Specific national or local scheme/intervention(s) available

Angus Council has operated a prison housing protocol since 2010, including fortnightly advice surgeries delivered in HMP Perth for Angus residents, focused on housing and homelessness rights. The protocol was revised and strengthened in 2019, in line with SHORE standards and rapid rehousing guidelines. The focus is on partnership working to prevent homelessness on entry to prison, and to avoid unplanned homelessness on release.
Angus Council has an information-sharing agreement in place with SPS and receives weekly reports on prison admissions and upcoming liberations. A central team of housing staff identify and cross-check housing tenure and related issues, liaising with landlords, benefit agencies and any relevant support providers to prevent housing loss across all tenures – including Council, Housing Association (HA) and private rented sector (PRS) tenants. The Council’s PRS officers link in with private landlords.
Angus has a Common Housing Register (CHR) and a Common Allocation Policy (CAP) encompassing all housing owned by the Council and 3 local HAs. In 2019, the CAP was revised to award highest priority to applicants in institutions, including prisons, to whom Angus Council has rehousing duty. Housing staff aim to assess individual’s housing needs early, avoiding a homelessness application and temporary accommodation, by securing a home in time for release. Individuals are supported with furniture, utilities and benefits claims, where needed, through housing support and justice services.

Possible Outcomes

Angus Council has recorded a substantial reduction in homelessness applications from people previously in prison since introducing its original prison protocol in 2010. This underlines the success of person-centered advice, preventing the loss of housing whilst in prison. Since implementing the updated prison protocol in 2019, the Council has noted a 260% decrease in people applying as homeless directly from prison.
Effective partnership working has been key to both preventing tenancy loss on admission, and facilitating housing on release, where an individual would otherwise be homeless. In one case, information-sharing between SPS, Council, Angus Housing Association and benefits staff identified a prisoner with high arrears and legal action. A substantial backdate was successfully applied for on mental health grounds, cancelling arrears and legal action, and the person was able to return home on release.

Process for Assessment and/or inclusion in scheme/intervention

Email prisonprotocol@angus.gov.uk

Interventions suitable for

Clients who meet Housing First criteria:

1. The person is currently homeless or threatened with homelessness and has a history of repeat homelessness and / or failed tenancies.
2. The person has significant complex and coexisting care and support needs, including (but not limited to): substance use; mental health; and offending.
3. The person is not currently engaging with and has a history of non-engagement with homeless support and other referral services.

Referrals will not be considered for those where residential or supported accommodation is required and where living in the community is not possible or preferable for whatever reason (safety, risk to self or others, choice).

Programme title and provider

Housing First – Angus Council

Details of all Specific national or local scheme/intervention(s) available

Housing First is a model for people experiencing multiple complex needs beyond housing and the first response for people whose homelessness is compounded by i.e.trauma, abuse, addictions and mental ill health, and built on seven principles central to ending people’s experience of homelessness.

These are:

Principle 1: People have a right to a home
This principle focuses on people being offered a home of their own in local communities as quickly as possible with no additional requirements other than a willingness to sustain a tenancy.

Principle 2: Flexible support is provided for as long as is needed
Support offered to people is not time-bound and is flexible enough to work with someone at different levels of intensity based on their own individual situations and experiences. New tenants direct this support, including their right to refuse it. Support is resilient in those cases, as experience has shown that some practical or emotional support will be sought later, if not initially. People can choose when they no longer wish to receive support if their situation has improved.

Principle 3: Housing and support are separated
Landlord and support functions are delivered separately, and choices people make about support do not affect housing security. The offer of support stays with the person – if they decide to move to a new area or their tenancy fails, they are supported to avoid homelessness crisis by finding and maintaining a new home.

Principle 4: Individuals have choice and control
People get to choose a home and a location that best suits their circumstances, have choice over where, when and how support is provided, and through person-centred planning are in control of the support they receive.

Principle 5: An active engagement approach is used
Support staff have small caseloads (1:7 maximum) allowing them to be proactive and persistent in offering support; doing ‘whatever it takes’ as many times as necessary to build a positive relationship with people. Cases will remain open even when engagement is low.

Principle 6: The service is based on people’s strengths, goals, and aspirations
Support is based on the understanding that there is always the possibility of positive change and improved health and wellbeing, relationships and social and economic integration. Support staff work alongside people to build on their strengths and successes, to identify goals and skills, building self-esteem and confidence.

Principle 7: A Harm Reduction approach is used
All engagement is based on the principle of reducing harm from alcohol and drugs and supporting people to minimise self-harm. Support is based on promoting recovery in physical and mental health and wellbeing.

Possible Outcomes

This model of intensive support ensures households with complex needs can access personalised, open-ended, flexible support to end their experience of repeat homelessness and address their wider needs.

Process for Assessment and/or inclusion in scheme/intervention

Any professional from any service or agency can make a referral to the Housing First panel for consideration.
Contact housingpp@angus.gov.uk for a referral form and any further information.