Guidance for Local Partners in the New Model for Community Justice
Guidance to support the statutory community justice partners to understand their roles arising from the Community Justice (Scotland) Act 2016.
Appendix A
Key national strategies and legislative frameworks for community justice
The following is a list of key national strategies and legislative framework within which the "Community justice" agenda is implemented by partners.
| Name of strategy / doc (inc. Hyperlink) |
Author |
Year |
Brief description |
|---|---|---|---|
| Scottish Government |
2011 |
Scotland Performs measures and reports on progress of government in Scotland in creating a more successful country, with opportunities for all to flourish through increasing sustainable economic growth. Scotland Performs identified seven targets which are supported by 16 national outcomes. |
|
| Scottish Government |
2016 |
The national strategy provides a vision for community justice in Scotland. It helps partners to prioritise key areas which they will address in partnership, through an approach which is both outcomes-focused and evidence-based. It recommends evidence-based actions to help community justice partners improve community justice outcomes while retaining the flexibility to adapt to individual local needs and circumstances. |
|
| Audit Scotland |
2011 |
- Part 1. How Scotland's criminal justice system works. - Part 2. The cost of criminal justice in Scotland. - Part 3. Efficiency of the criminal justice system. - Part 4. Effectiveness in reducing reoffending. The report concluded that there needed to be significant improvement in: how well victims and witnesses are supported; the availability of cost and performance information to support the effective management of both individual organisations and the system as a whole; the efficiency with which summary cases are processed through court; and how services are funded and delivered across the country to ensure they meet demand and are focused on the most cost-effective approaches to reducing offending behaviour. |
|
| Audit Scotland |
2011 |
- Part 1. How Scotland's criminal justice system works. - Part 2. The cost of criminal justice in Scotland. - Part 3. Efficiency of the criminal justice system. - Part 4. Effectiveness in reducing reoffending. The report concluded that there needed to be significant improvement in: how well victims and witnesses are supported; the availability of cost and performance information to support the effective management of both individual organisations and the system as a whole; the efficiency with which summary cases are processed through court; and how criminal justice services are funded and delivered across the country to ensure they meet demand and are focused on the most cost-effective approaches to reducing offending behaviour. |
|
| Public Audit Committee Report |
2012 |
This report sets out the key recommendations of the Public Audit Committee in relation to the efficiency, economy and effectiveness of two aspects of Scotland's criminal justice system, namely the efficient management of cases through summary courts and reducing reoffending. |
|
| Audit Scotland |
2012 |
- Part 1. Reoffending in Scotland. - Part 2. Expenditure on reducing reoffending. - Part 3. Services to reduce reoffending. - Part 4. Effectiveness of current arrangements. The report made a range of recommendations for Scottish Government, Scottish Prison Service, Community justice Authorities and local authorities in relation to funding, performance measurement, management and delivery of services, collaborative working to improve services, and improved understanding of unit costs. |
|
| Review of Community Planning and Single Outcome Agreements - Statement of Ambition |
National Community Planning Review Group (Scottish Government and COSLA) |
2012 |
Establishes Community Planning as the basis for future public service reform and the foundation for effective partnership working within which wider reform initiatives will develop. |
| Scottish Government |
2012 |
i) The key national outcomes relating to "Justice" ii) The Justice Outcomes iii) The Justice Priorities (egg Reducing Reoffending, Preventing Offending by Young People, etc.) iv) The Approach (Reducing Reoffending Programme II ( RRPII), Making Justice Work, Reassuring the Public, Whole System Approach, Building Safer Communities, etc.) |
|
| 2012 |
Report made a range of recommendations around: - Service Re-design; - Alternatives to Prosecution; - Alternatives to Remand; - Sentencing; - Prisons; - Community Reintegration; and - Leadership, Structures and It led to the following further consultations. |
||
| Redesigning the Community justice System: A Consultation on Proposals |
Scottish Government |
2012 |
The consultation proposed three models: an "Enhanced community justice model"; a local authority model; and a single service model. |
| 2013 |
This response set out the key characteristics of a successful community justice system in Scotland, and identified that there was a clear preference from the consultation for a model with local delivery, partnerships and collaboration at its heart while still incorporating some form of national arrangements to provide the profile, leadership and strategic direction felt to be missing from the present set-up. This would take the form of: - Local strategic planning and delivery of Community justice Services through Community Planning Partnerships ( CPPs); and - The creation of a national body to provide assurance and recommendations to Scottish Ministers and Local Government elected members as well as professional strategic leadership for the sector. |
||
| 2014 |
A further consultation was launched in April 2014 on the details of the proposed new model: This included an overview of local strategic planning and delivery of community justice services, the form and function of a national body, a national hub for innovation, learning and development, considerations in relation to performance and accountability, and arrangements (including funding) for the transition to the new model. |
||
| Future Model for Community justice in Scotland: Response to Consultation |
2014 |
The Response set out more detail about the proposed new arrangements, including the development of a new 5-year National Community justice Strategy. |
Other Relevant National Strategies
| Name of strategy/doc |
Year |
Brief description |
|---|---|---|
| 2008 |
Report of the Ministerial Task Force on Health Inequalities |
|
| 2008 |
National drugs strategy for Scotland |
|
| Changing Scotland's Relationship with Alcohol: |
2009 |
|
| Strategic Guidance for CPPs: Community Learning and Development |
2011 |
|
| 2012 |
||
| 2012 |
The Scottish Government's mental health strategy to 2015 sets out a range of key commitments across the full spectrum of mental health improvement, services and recovery to ensure delivery of effective, quality care and treatment for people with a mental illness, their carers and families. A section on "Mental Health and Offending" starts on page 48 of the report and sets out commitments being taken forward as a result of the Report of the Commission on Women Offenders, around working with women with borderline personality disorder, and also in relation to the use of the Community Payback Order Mental Health Requirement. |
Other Relevant National Strategies (continued...)
| Name of strategy/doc |
Year |
Brief description |
|---|---|---|
| 2013 |
Improving Quality of Life for People with Learning Disabilities Page 111 onwards covers issues in relation to the Criminal Justice system, including Victims and Witnesses, those who are suspected or accused of committing a crime, changes to be made by the Criminal Justice (Scotland) Act (see below), Young People in the criminal justice system, and prison health, and makes a number of recommendations for organisations involved in the criminal justice system. |
|
| 2014 |
Scotland's strategy for preventing and eradicating violence against women and girls |
|
| 2014 |
Report on further devolution of powers to the Scottish Parliament |
|
| Preventing Offending: Getting it right for Children and Young People: |
2015 |
Youth Justice Strategy for 2015-20 |
Legislative Framework
Community Justice (Scotland) Act 2016
The Act makes provision for community justice including establishing a new national body to oversee community justice. It introduces requirements in relation to the achievement of particular national and locally determined outcomes and the development of a new 5-year Community justice Strategy and the duty to cooperate in the preparation, implementation and review of Community Justice Outcomes Improvement Plans on a range of statutory partners.
Social Work (Scotland) Act 1968
The primary act detailing the general social work function of local authorities. It included the establishment of the Children"s Hearings System following the report of the Kilbrandon Committee (1964). A number of subsequent acts have inserted amendments in respect of revised or additional duties.
Section 27 of the Act covers the "Supervision and care of persons put on probation or released from prisons etc." and the related grant funding. This is the key funding received annually from Scottish Government which is allocated to local authorities to pay for Criminal Justice Social Work Services.
Prisoners and Criminal Proceedings (Scotland) Act 1993
Covers detention, transfer and release, including early release, licences, etc., and provisions about criminal proceedings.
Criminal Procedure (Scotland) Act 1995
Covers the jurisdiction and powers of criminal courts, police functions, bail and petition procedure, children and young persons, mental disorder, solemn proceedings and related appeals, summary proceedings and related appeals, the Scottish Criminal Cases Review Commission, sentencing, evidence, and other miscellaneous issues.
Management of Offenders Etc. (Scotland) Act 2005
Covered the creation of Community Justice Authorities, and introduced the Multi Agency Public Protection Arrangements (for supervision of people convicted of sex offences etc.).
Criminal Justice and Licensing (Scotland) Act 2010
Makes provision about sentencing, offenders and defaulters; criminal law, procedure and evidence; criminal justice and the investigation of crime (including police functions); amends the law relating to the licensing of certain activities by local authorities; amends the law relating to the sale of alcohol; and for connected purposes.
Key elements were the creation of Community Payback Orders and the introduction of a presumption against short sentences.
Criminal Justice (Scotland) Act 2016
Introduces reforms to modernise and improve efficiency within the Scottish criminal justice system. The provisions in the Act take forward a range of the Scottish Government's key justice priorities.
Community Empowerment (Scotland) Act 2015
Covers a range of issues, including placing a duty on Scottish Ministers to develop, consult on and publish a set of national outcomes for Scotland, which builds on the "Scotland Performs" framework. It also places community planning partnerships on a statutory footing and imposes duties on them around the planning and delivery of local outcomes; and it provides a mechanism for communities to have a more proactive role in having their voices heard in how services are planned and delivered.
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