The way the criminal justice system works is changing. This is because of the Criminal Justice Act 2003 (CJA 2003), which came into force in April 2005.

The aim of the Act is to reduce crime and reoffending by modernising the Criminal Justice System from end to end - from arrest, to prosecution, to effective sentencing action by courts and rehabilitation of offenders. The intention is to provide tough, effective sentences designed to reduce offending and introduce measures to enable successful rehabilitation and to protect the public.

For the West Midlands Probation Area the Act has brought radical changes to the way we work.

One of the major changes affects the sentencing options available to Magistrates’ and Crown Courts. Some sentences have disappeared, for example, community rehabilitation order, community punishment order and drug treatment and testing order. They have been replaced by one generic Community Order with a range of requirements.

The requirements available with a community order are (click on the link to download a leaflet about each one):

• Unpaid work – where offenders carry out unpaid work from between 40 and 300 hours. For example: clearing pathways, removing graffiti, helping out with luncheon clubs, car washing services for disabled people, renovating property, charity work, etc. In West Midlands around half a million hours of compulsory unpaid work are carried out each year benefiting both local communities and organisations alike.
• Specified activities – for example education, training and employment packages of work.
• Programmes - aimed at changing an offender’s behaviour. These are accredited programmes designed to address the attitudes and patterns of behaviour that contribute to offending. For example, a programme designed to address drug related offending.
• Prohibition from certain activities – the offender must refrain from participating in activities on a specified day or days or during a certain period. This might include for example: not attending a football match.
• Curfew (with electronic monitoring) – the offender must remain in a specified place for certain parts of the day, for example, someone convicted of a night time burglary may be confined to their home during the night.
• Exclusion from certain areas – the offender may not enter a specified place for a period up to two years. This might include for example: certain streets or shops. This can be electronically monitored using satellite technology.
• Residence requirement – the offender must reside at a specified place. This might be approved premises (hostel), for example.
• Mental health treatment – the offender may receive treatment for a mental health problem.
• Drug rehabilitation requirement – the offender is required to have treatment to reduce or eliminate their dependency on or tendency to misuse drugs. They or the offender will have to provide samples for testing when requested.
• Alcohol treatment – the offender is required to attend treatment to reduce or eliminate dependency on alcohol.
• Supervision requirement – requires the offender to attend appointments with the probation service.
• Attendance centre requirements (for under 25s) – the offender must attend at an attendance centre for between 12 and 36 hours.

Judges and magistrates are now able to choose one or more requirements depending on the seriousness of the offence and the potential risk of harm and re-offending that the offender poses. Low seriousness and low risk offenders may be given a community order with just one requirement, high seriousness and high risk offenders three or more requirements.

To find out more, Visit the Home Office website at www.homeoffice.gov.uk. A copy of the Act can be found at www.hmso.gov.uk/acts/acts2003/20030044.htm