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Structured Deferred Sentence


Local Authority area:

Scottish Borders

Primary Courts of relevance:

Jedburgh and Selkirk

All information provided by:

Scottish Borders Community Justice Partnership

Scottish Borders Community Justice Information

Published: 22 November 2022

The information on this page has been provided by Community Justice Partnerships. Community Justice Scotland is not responsible for the accuracy of the information and is unable to respond to direct queries. All such queries in respect of the information shown on this page should be directed to the Community Justice Partnership to which it relates.

This information will be reviewed and updated where required.

Structured Deferred Sentence

Interventions suitable for

Assessed risk and need.

Programme Title and Provider

Structured Deferred Sentence: Justice Social Work

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

Low Tariff: The period of deferment would normally be either three or six months duration. Full sentencing options are retained at the end of this period when a supplementary Criminal Justice Social Work Report (CJSWR) is submitted. A further period of Structured Deferred Sentence is available at the end of the first period of Structured Deferred Sentence if assessed suitable. Assessment will take place at the Criminal Justice Social Work Report stage.
If the assessment combines all of the following factors then consider a long term Structured Deferred Sentence:

  • Low risk of custody
  • No behaviour change programme identified: One or more areas of identified need/ focus for intervention.
  • If a person is at risk of custody or there is a need for social work intervention/programmed work than statutory interventions should be considered.
  • All long term structured deferred sentence cases must have a focus of intervention identified and this should be outlined in the Criminal Justice Social Work Report. Contact will be set at a level suitable to the service user’s needs; however, a minimum of weekly contact will be maintained initially. Higher levels of contact will be provided and maintained as necessary.

High Tariff: If the assessment suggests custody is very likely consider High Tariff Structured Deferred Sentence (HTSDS). The Criminal Justice Social Work Report must clearly detail the level of contact which will be maintained and the intended focus of intervention during the period of deferment. The period of deferment should be used to obtain a more informed assessment of the offender’s motivation to cooperate with supervision with a view to the possibility of a community based disposal being imposed following the deferment period.
This will involve:

  • Offence-focused work
  • Support in addressing areas of criminogenic need. A minimum of one contact per week will be maintained between the service user and the social worker throughout the period of deferment. Additional support from a named Community Justice Officer will be made available on the basis of assessed need. This will be agreed at the outset and reviewed on the basis of progress made. The Community Justice Officer will be available to assist with monitoring, assessment and support. Appointments with other services will be additional to this contact and as far as possible should be detailed within the Criminal Justice Social Work Report.

Possible Outcomes

Social Work may make a preference for a deferred sentence because a care plan/support package is already in place, as part of another order. Focus will vary depending on assessed risk and need as outlined in the Criminal Justice Social Work Report.

Process for Assessment and/or inclusion in scheme/intervention

As above.