Community Payback Order

The Community Payback Order is the main community based sentence available to Scottish Courts for offences committed after 1 February 2011.  This will ultimately replace the sentencing options of Probation Orders, Community Service Orders and Supervised Attendance Orders.  The two systems are running at the same time for at least three years.

A Community Payback Order can last for a period between 6 months and 3 years.

A Community Payback Order (CPO) may consist of a number of requirements.  The Court can select one or more and requirements are tailored specifically to each individual based on the nature of their offending.

The Court can impose one or more of the following:-

  • Compensation requirement
  • Offender supervision requirement
  • Unpaid work or other activity requirement (previously known as Community Service)
  • Programme requirement
  • Residence requirement
  • Mental Health requirement
  • Drug Treatment requirement
  • Alcohol Treatment requirement
  • Conduct requirement

The Court can also add other conditions which may require you to do something such as participate in a group work programme or not to do something such as not to enter a specific place.  The possible extra conditions and what they might entail would be discussed with you by the Social Worker completing the Criminal Justice Social Work Report.

In the event of an individual making highly positive progress during their Community Payback Order the Court can decide to discharge an Order early.

If an individual breaches an Order there are a number of options available to the Court.  It can vary the Order to impose new or different requirements.  it can decide to impose a restricted movement requirement - electronic monitoring.  The Court ultimately has the option of revoking an Order and imposing a custodial sentence, or any other sentence which it could have used at the start.

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