Enforcement of Community Penalties and Post Custody Licences

Policy Scope:

This policy affects all operational officers, Criminal Justice Unit staff and other personnel whose work is connected with the Police National Computer and/or Data Protection issues.

Aims and Objectives

This corporate policy statement covers the agreement signed by South Yorkshire Police and its partners - National Probation Service, South Yorkshire Judiciary, (Magistrates and Crown) Defence Solicitors and CPS.

It supports the rigorous enforcement of community penalties and post-sentence licences in full co-operation with the partners and thereby accepts a shared responsibility for dealing quickly and firmly with the enforcement process.

Community sentences and licences are intended to reduce re-offending. By strict and efficient enforcement, it is intended to encourage offenders to take them seriously and to comply with their requirements.

Associated Procedural Instructions

This policy is supported by the following procedural instructions:

D51505 Restorative Justice

Equality Act 2010:

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Human Rights/Discretion

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual's Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Audit Arrangements

The Area Criminal Justice Strategy Committee for South Yorkshire will carefully monitor the process over the next 12 months.

Any issues affecting South Yorkshire Police, arising from this agreement should be initially brought to the attention of the Policy Unit, CJAD.

Necessary action will be taken to ensure that this is a live agreement, and that it achieves its aim. The results of the review will be published and circulated to all staff.

Rights of redress for members of the public

Anyone who feels that a member of SYP staff has behaved incorrectly or unfairly has the right to make a complaint. Initial action should be taken in one of the following ways:

• Complaint in writing or in person to the Senior Officer at the appropriate police station or in writing to the Chief Constable of the force concerned.
• Visit a local Citizens' Advice Bureau.
• Contact a solicitor.

Rights of redress for South Yorkshire Police staff

South Yorkshire Police staff who feel they have grounds for concern in relation to the implementation of policies may:

• Pursue concerns through their line manager
• Contact their First Contact Advisor
• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure
• Seek advice from their staff association or trades union.
• Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control.

Start:

25th July 2002

Equality Analysis:

D51096 - Enforcement of Community Penaties.pdf (attached below)