Advantages and Disadvantages of Noncustodial Sentences
A non custodial order is a sentence given to an offender who has
committed a less serious crime. The offender is given community
orders rather than imprisonment. If the offender breaks any of the
below orders then they will be re-sentenced and this is likely to
result in them being given a heavier order or even a prison sentence.
The types of non custodial orders available are;
* Community rehabilitation order (previously called 'probation
order' and unhelpfully changed to this inferior new name)
* Community punishment order (previously called 'community service
order' - ambiguous but at least not absurd)
* Community Punishment and Rehabilitation Order (previously the
obtuse but at least not farcical 'combination order')
* Curfew order
* Attendance centre order
* Supervision order
Community Rehabilitation Order
This order involves being supervised by a probation officer. This can
be experienced as penalising offenders in many ways including;
· Having to face up to the crimes they have committed and the changes
in which they need to make in their behaviour.
· The time the order takes.
However, the court may include additional requirements to the order
which could make it even harder for the offender. Additions to the
order could include living in a probation hostel or going through a
programme relating to their problem/crime they have committed e.g. a
course for men who abuse women.
The community rehabilitation order lasts between six months and three
years. During this time the offender must attend regular meetings so
their progress can be monitored and to check that they are not a risk
to the public. If the offender fails to comply with the order they
will be re-sentenced. This order also allows and helps the offender to
find and keep jobs.
This is a very demanding order, not only does it result in the
offender losing their liberty but also requires a very high level of
self-discipline to stick with the order. There is nothing physically
to stop the offenders going places which are banned but they are
monitored by the electronic tag worn around their ankle. This tag
gives the order it’s longer name of “Curfew order with electronic
monitoring” or the shortened and more popular name of “tagging” The
way in which the electronic tag works is that it will send a constant
signal to a control centre. If the offender disobeys the curfew then
the control centre is immediately alerted.
The Curfew order lasts up to six months and the court will decide
which hours the offender must remain in their home. The hours can be
between two and twelve hours a day.