NCJ Number
93951
Date Published
1981
Length
218 pages
Annotation
This book discusses aspects of the Scottish judicial and penal systems relating to social workers who have inherited all the responsibilities of probation workers since the Social Work (Scotland) Act 1968 disbanded the probation service.
Abstract
A survey of court practices and procedures describes Scotland's prosecution system, the different court levels and their jurisdictions, prosecution methods, documentation used in court, legal aid, and police powers. The social worker's function at court is examined under two headings: assisting the court and helping the offender. Additional areas considered include the social inquiry or probation report and processing child offenders. The chapter on noncustodial measures available to courts covers absolute discharge, admonition, deferred sentence, fines and their enforcement, caution, and compensation. The Social Work Act 1968 transferred the duty of supervising persons on probation to the newly created Social Work Departments of Local Authorities. The book describes the contractual obligation between the social worker and the court, differences between probation orders made under solemn and summary procedures, the requirements of probation, revocation, and modifying the order. Also explored are community service and unpaid work. The following custodial measures the court may impose are summarized: prison sentences, custodial sentences for offenders aged 16 but under 21, detention of children, and residential training for children. The section also addresses mentally disordered offenders, parole, and aftercare. The book concludes with a discussion of the Rehabilitation of Offenders Act, which allows offenders to have their records erased after a suitable crime-free period. The appendix contains excerpts from the Social Work Act and over 30 references. Sample cases and an index are supplied.