What isThe Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2007: A Detailed Overview
The Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2007 is a statutory instrument under Scottish law that designates specific courts in Scotland as competent to issue Supervised Attendance Orders (SAOs). This order forms part of the broader framework for dealing with non-payment of fines and aims to provide an alternative to imprisonment for those who default on fines.
1. Background and Purpose
The Supervised Attendance Order (SAO) is a measure introduced as part of efforts to reduce the number of individuals incarcerated for non-payment of fines. It allows courts to impose an SAO on a person who has defaulted on a fine as an alternative to imprisonment. The purpose of the SAO is to address the underlying causes of non-payment, such as financial hardship, lack of understanding of the legal system, or chaotic lifestyles, by requiring the individual to undertake a structured program of activities.
The Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2007 specifically designates the courts that are authorized to impose these orders, ensuring that SAOs are used consistently across Scotland and that they are only imposed by courts with the appropriate resources and expertise to supervise and support offenders.
2. Key Provisions of the 2007 Order
Designation of Prescribed Courts
The primary function of the 2007 Order is to designate which courts in Scotland are authorized to issue SAOs. These “prescribed courts” are typically Sheriff Courts, which handle the majority of criminal cases in Scotland. By prescribing certain courts, the Order ensures that SAOs are implemented in a manner consistent with the aims of the legislation and that the necessary support structures are in place.
Criteria for Issuing an SAO
While the 2007 Order does not directly address the criteria for issuing an SAO, it operates within the broader framework established by earlier legislation. Typically, an SAO may be issued when an individual has defaulted on a fine and the court determines that imprisonment is not the appropriate response. Instead, the court can impose an SAO, requiring the individual to complete a specified number of hours of supervised activities.
Implementation and Supervision
The implementation of SAOs is overseen by local authority criminal justice social work departments, which are responsible for supervising individuals subject to SAOs. These departments work with the courts to ensure that the requirements of the order are met, providing support and guidance to offenders as they complete their orders.
3. Impact of the 2007 Order
The Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2007 has played a crucial role in the successful implementation of SAOs across Scotland. By designating specific courts as competent to issue SAOs, the Order has ensured that these orders are used appropriately and consistently, helping to reduce the number of people imprisoned for fine default.
The use of SAOs has also contributed to a more rehabilitative approach to criminal justice in Scotland. Instead of simply punishing individuals for non-payment of fines, SAOs provide an opportunity for offenders to engage with structured activities that can help them address the underlying issues that led to their fine default. This approach not only reduces the burden on the prison system but also supports individuals in making positive changes in their lives.
4. Challenges and Considerations
While the 2007 Order has been successful in promoting the use of SAOs, there have been challenges in its implementation. One issue is ensuring that all prescribed courts have access to the necessary resources and support services to effectively supervise individuals subject to SAOs. There is also the ongoing challenge of ensuring that SAOs are tailored to the specific needs of each individual, rather than being applied as a one-size-fits-all solution.
Another consideration is the need for ongoing monitoring and evaluation of the effectiveness of SAOs. This includes assessing whether SAOs are successful in reducing fine default and reoffending rates and whether they are being used in a manner consistent with their intended purpose.