Scots Law --- I received a community service order for 160 in 2007, I stupidly tried to avoid it and it was re called to court, the order was reset and I had done around 60 hours. I had tried to do more community service on my days off from work, but more often than not I was called into work as they were short staffed. As I wasn't permanently employed and on a temp contract I could be let go at any point. I missed a few dates set out and my community service officer sent the case back to court in sep 2009. I have heard nothing since until 2 police officers showed up at my door when I wasn't home claiming they had a warrant. Can you advise?

Hi OP,
The short answer is you're probably going to be sent to jail.

When the Courts gave you a Community Service order it was instead of sending you to jail, however with that order there would have been certain conditions with it, and one of them would have been that if you are unable to attend the hours given on the set days you would have to produce a doctors certificate to prevent being breached. A self certificate for the first time you failed to attend and a Doctors Certificate on the second time you failed to attend, if you didn't produce these, then you would be in breach of the order and would be taken back to court for re-sentencing.

So this is what's happened, you may have been tried in your absence if you failed to appear, then there would also be a warrant issued for your arrest, which could also mean you'll be taken straight to jail.

Due to the case being heard in your absence.

This is probably why the police officers came with a warrant for your arrest. Seems you've been breached, tried in your absence and now you're going to jail.

You cannot complain about any of this being done in your absence because you breached the original community service order.

So now you have to face to consequences of your failing to comply with the community service order. You knew you had it you knew what it entailed, you took no notice so you've only yourself to blame. Sorry but this is the strength of it, and you've also no right to appeal.

If you want further confirmation try googling, Community Service Order Breach, might help to add co.uk on the end. Its same in English or Scottish Law.

Also they'll try to get you at home a few times, then they'll go to your place of employment, and they can find out where you work easily by typing your National Insurance number into their computers.

You might prefer to go hand yourself in at the local police station to save you embarrassment.

Here are details of Breach Proceedings In Scotland

BREACH PROCEEDINGS
101If the offender continues to fall short of the required standards when reasonable steps have been taken by the Community Service Officer to enable him/her to complete the Order, and when formal disciplinary procedures have failed to have the desired effect, Community Service Officers have responsibility for initiating breach proceedings under section 239 of the 1995 Act. No approach should be made to the Sheriff until a decision has been taken to initiate breach proceedings. Community Service Officers should be aware that the breach may be consented by the offender, and that in order to prove it, certain standards of evidence will be necessary. SWSG, in consultation with the Crown Office, has agreed the following guidance to Community Service Officers and procurators fiscal.

101.1Community Service Officers, having determined that breach action is appropriate, must proceed without delay to initiate breach proceedings. In this regard, liaison arrangements with Clerks of the Court should include procedures for expediting applications for breach. The form of this application and procedural guidance is set out in Appendix 4A.

101.2Where an offender has been advised that breach action has been initiated he/she may only raise any complaints they have regarding such breach action or procedure with the court. The local authority complaints procedure may be invoked.

102.Procurator fiscal are responsible for leading the evidence in breach proceedings. It is therefore necessary that Community Service Officers establish procedures at local level in the light of this guidance and any further Central Government guidance. These procedures should include arrangements for consultation in individual cases, especially where there are doubts about the sufficiency of the evidence. Where an order has been transferred from England or Wales, the powers of the court in Scotland are restricted (see paragraph 127). It is therefore important that the court is informed if the order has been transferred in this way.

Evidence

103.Any breach which is presented to the court may be challenged and must therefore be supported by sufficient evidence. The evidence of one witness can provide sufficient evidence to establish a breach. In all cases it is essential that it can be established that the order was received by the offender. Paragraphs 30 and 33 refer.

Breach

104.Concurrent orders should be treated as one order and the procedures set out in the National Objectives and Standards for Breach (paras 101 and 102) followed accordingly.

105.Consecutive orders must be treated individually and breach procedures followed in respect of the specific order which gave rise to the breach. The Supervising Officer may ask the court to revoke any remaining orders as per section 240 of the Act.

Failure to Attend

106.There are 2 separate elements which require to be proved for every case of breach for failure to attend, both of which must be recorded in the file. First that the offender was given and received relevant work instructions, detailing the date, place and time of work (see paragraphs 40-45 above); and second, that the offender failed to attend work as instructed with no reasonable excuse (see paragraph 79 above).

106.1.Evidence that the offender failed to attend for work as instructed may be obtained by the presence of a Community Service member of staff who can confirm the absence.

Punctuality

107.The standards of evidence required to prove lack of punctuality are the same as those for failure to attend.

Failure to Report to the Community Service Officer as Required

108.To obtain sufficient evidence to prove a breach on these grounds it is necessary:

108.1to establish that reporting instructions were given and received;

108.2to establish that the offender failed to report as instructed without reasonable cause;

108.3in order to do this the following evidence is required and should be recorded in the case file:

108.3.1evidence that reporting instructions were given either by recorded delivery letter or by a witnessed verbal instruction;

108.3.2evidence that the offender failed to keep the appointment by confirming with all other appropriate Community Service staff and, if appropriate the placement agency, that the offender failed to report and failed to notify either the agency or Community Service staff in advance and recording in the case file that this action has been taken.

Failure to Notify Change of Address

109To obtain sufficient evidence to prove a breach on these grounds alone it is necessary to establish:

109.1the address from which the offender has moved;

109.2the fact that he/she is no longer living at this address;

109.3in order to do this the following evidence is required:

109.3.1evidence that the offender agrees that he/she was living at the given address. For this purpose the offender must sign the Order which records his/her current given address and this signature must be witnessed. Any notified change of address must be recorded in the case file and similarly witnessed;

109.3.2there are 2 ways on confirming that the offender is no longer living at the given address:

109.3.2.1if the offender is living with others, to visit and obtain evidence from other residents (family, friends or tenants) that he/she is no longer living there. The visit to be recorded in the case file.

109.3.2.2if the offender is living alone, to visit at least twice or two send at least 2 letters by recorded delivery as set out in paragraph 94 (it is essential to retain the receipts of sending and the returned envelopes stamped by the post office).

109.4the Community Service Officer must confirm with all Community Service staff, including the agency where the offender may be working, that no change of address has been notified.

109.5Matters relating to 108.3.2, and 109.4 should be recorded in the case file.

Failure to Notify Change in Employment

110.Although technically possible, it is most unlikely that Community Service staff will need to use these grounds alone for instituting breach proceedings.

Unsatisfactory Performance at Work

111.Where procedures for breach are being considered on the above grounds, it is necessary to ensure that:

111.1the conduct complained of is witnessed.

Reports

112.Every application to the court to institute breach proceedings, must be accompanied by a report prepared by the Community Service Officer which provides information and expresses a view about:

112.1the setting and nature of the work and the time when it had to be done;

112.2the tasks undertaken and the offender's response to the demands made;

112.3the extent of the offender's overall compliance with the Order;

112.4any external (e.g.. Domestic) factors affecting the offender's compliance with the order;

112.5whether the Order should be revoked and whether any other non-custodial disposal should be considered, bearing in mind the intended use of Community Service by the courts as an alternative to custody in the first instance.

BREACH PROCEEDINGS