An Assessment of Social Work in Criminal Justice

This paper examines the role played by CJSW in reducing the reoffending rates of Scottish Criminal Justice System. It also suggests strategies to correct the behaviour of offenders.

Running head: AN ASSESSMENT OF SOCIAL WORK IN CRIMINAL JUSTICE
An Assessment of Social Work in Criminal Justice
Name of the student
Name of the university
Authors note

AN ASSESSMENT OF SOCIAL WORK IN CRIMINAL JUSTICE
Question one
The reduction of reoffending has been a burning issue in Scotland. The whole of the
criminal justice system (SCCJR) along with other agencies like health care services or local
community is responsible for reducing the rate of reoffending. Criminal Justice Social Work
(CJSW) was prepared to address issues related to criminal justice on behalf of the Scottish
Court. The functions of CJSW involves supervising the offenders below the age of 16, to
provide reports regarding the sentencing decisions and to provide statutory supervision to the
offenders (Larson 2018). There are local authorities that are responsible for providing
information to CJSW. However, the staff in CJSW also works in other organizations like
social work service, housing providers, health services, voluntary sector, Scottish Prison,
Service and other partners of the justice system (Butts et al. 2015). The local communities
provide assessment reports like social inquiry reports or home background report. They also
provide information related to the supervision and monitoring of offenders. These reports are
produced to reduce the risk of reoffending and it ensures the safe returning of the offender to
the community (James et al. 2018). Reports are also produced for people who are taken into
custody or when the provision of unpaid work has been provided. There are various reports
like Social Enquiry Report (SER), Community Service Order (CSO), Probation order (PO)
and Supervised Attendance Order (SAO). The purpose of these reports is to provide relevant
information for the Scottish court to carry out the proceedings of the court (Kaiser et al.
2016). This paper is going to examine the role played by CJSW in reducing the reoffending
rates of Scottish Criminal Justice System.
The Social Enquiry Report provides information related to the background of the
offender, this includes the situational information as well as the personal history. However,
the bridge between the Social work and Justice System was laid in the Social Work Act
(1968). The main purpose of Social Work Act (1968) was to replace the punishment system

AN ASSESSMENT OF SOCIAL WORK IN CRIMINAL JUSTICE
with the welfare system. It also introduced the Children’s Hearing System with generic Social
Work Departments. This law headed to disband the Scotland’s Probation service and it
introduced criminal justice social work. Thus, it successfully demonstrated the major shift
from the English and Welsh Model to a more welfare-based model. In this way, it will help to
reduce the rate of the re-offenders in Scotland. This act also saw the offender as a person who
is in need rather than labelling them as a convict. Moreover, the National Standards and
Objectives for Social Work in the Criminal Justice System also embarked the introduction
of direct funding of criminal justice social work within the Scottish Government. The
information derived through this orders helped the court to deal with the case in an informed
basis. Another act named The Community Justice Act (2016) was introduced to prevent and
reduce the reoffending rates in Scotland. This plan sets out that how both the community and
individual convict can work together to fulfil their responsibility and duties respectively. This
act also sets out seven common Community Justice Outcomes that need to be targeted so the
effective minimization of criminal behaviour can be achieved. Other reports like Community
Service Order is made when the convict has to work unpaid for a specified number of hour in
a community. This procedure is takes place as an alternative custodial sentence. This
procedure is applied to both the summary procedure and solemn procedure; the period can
extend to 80 hours to 300 hours. According to the Association of Directors of Social Work,
the worker in unpaid work spent more than 1 million hours. Types of work like gardening,
graffiti removal, maintaining pathways and a range of other task that benefits and improves
the local communities provides the necessary opportunity to the convict to lessen the harm
caused by the crime previously. It also helps the convict re-associate himself or herself in a
systematic way, thus it helps to reduce the rate if reoffending. Another order known as the
Probation Order provide the opportunity for CJSW to focus on the behaviour and the impact
it causes on other (Scottish Government 2010). Under Probation Order, CJSW will try to

AN ASSESSMENT OF SOCIAL WORK IN CRIMINAL JUSTICE
innovate ways in which it can help the individual to address the underlying cause for
conviction. The minimum length of probation period is six month and maximum is three
years. Other conditions may also be attached to the Probation Order like that of EM
(Electronic Monitoring), emplacing a place of residence, or imposing a curfew so on and so
forth (Graham et al. 2017). The Management of Offenders Act (2005) has forwarded many
reforms that were designed to transform the Scottish Court of Law. This bill has four parts in
it: the first three parts contain the substantive provisions whereas the forth part contains
matters related to ancillary and final provisions. Part one of this act endorses on the use of
Electronic Monitoring (EM). The expansion of Electronic Monitoring allows supervision by
the processes of inclusion and exclusion. Being in Probation Order helps the convict to gain
self-reliance, and confidence, thus reducing the chance of reoffending. Sometimes when the
offender fails to pay the fine needed to undertake any designated activities, Supervised
Attendance Order (SOA) is imposed. This program involves activities related to educational
nature, activities related to constructive use of time, and activities that involve unpaid work in
the community. Under this program the offender is unable to pay the fine will also get the
chance to reallocate them with the mainstream society. Other orders like Drug Treatment and
Testing Order (DTTO) or Restriction of Liberty Orders (RLO) also provides the necessary
opportunities for bring the offender to the mainstream culture. These orders not only provide
the shelter for the offender but also tries to repair their subjective domain by enhancing their
self-confidence and increasing their self-awareness. These orders perform under the broader
stature of CJSW and they work in a systematic and organised manner to reduce the number of
reoffending rate. The offenders are not only humanised in these shelters but regular review of
their progress is reported to the court. Sometime the rate of the referral are high for example
during 2007-08, there were 1238 cases of referrals, which resulted in 956 orders (Scotland
2011).Other service provided under CJSW includes ThroughcareVoluntary Assistance,

AN ASSESSMENT OF SOCIAL WORK IN CRIMINAL JUSTICE
Throughcare Addiction service and Home Circumstance. The social work organizations or
prisoner staff community arranges these provisions of Throughcare. The main objective of
throughcare is to help the offenders to realise their position against the wider society. It also
helps them to release and resettle back to their community. Aftercare service under CJSW in
provided throughTAS (Throughcare Addiction Service) for the offenders. They are
encouraged to engage in community services and make themselves useful and attend
appointments offered by health, housing services. Voluntary assistance is provided to the
prisoners who are not subjected to the statutory throughcare supervision. Last but not the
least scheme like Diversion from Prosecution Scheme aims to provide support and advice to
the person who has been accused of minor offences. The advice and support is provided in
relation to the commission of the offence. In these cases, the decision of whether to prosecute
can be deferred. These schemes, orders and policies are introduced under the CJSW for
reorienting the offender to a new set of lifestyle; thus these mechanism help to correct their
behavioural trait so that in future they can restrain themselves of committing crime.
Question two
Gavin a 25 years old lad has been accused of committing offense at regular basis. In his
adolescent period, that is, when he was 17 years old, Gavin got involved in an altercation
with a young group of male and was charged with Breach of the Peace. Later on in the age of
18, he got involved in a tussle with his stepfather that landed him to his second assault.
Again, at the age of 19 he was convicted of shoplifting and was found vandalizing a property
that belonged to someone else. Another incident incurred in October when Gavin was
accused of another assault. At the age of 25, he got involved with violent fight with his age-
old foe because wanted to prove that he was not so weak. Every time he commits he commits
an offense he is under alcohol consumption. This kind of behaviour implies that there is low
individual control resulting in an impulsive conduct. According to the self- control theory of

AN ASSESSMENT OF SOCIAL WORK IN CRIMINAL JUSTICE
crime, an individual commits offense due to lack of self-control (McNeill 2016). This theory
also emerges from the general theory of crime that aims to explain the criminal activities as
the consequence of fractured family ties. The anti-social nature of Gavin resulted from lack
of self-control but also because he successfully adapted to the nature of rehabilitation
provided by the court (Buchan et al.2018). This kind of behaviour can be emphasized by
Neutralization theory where the delinquent or the criminals adapt ways and methods to
neutralize or normalise the anti-social behaviour (Matza, et al. 2017). In this theory, the anti-
social behaviour of the criminals results from the neutralization the moral constraint. Gavin
did not commit larger crimes but only minor offenses and somehow got used to the nature of
rehabilitation. However, the strategies taken to correct the behaviour of Gavin was not
effecting him any longer. This is because he has successfully organises his self-concept
around the label of a convict. Thus labelling theory can also be implied in the case of Gavin.
This is because no number of rehabilitation strategy or warnings was able of successfully
restore self-identity back to place. This is also one of the reason for him to drifts in and out
from the deviant and the conventional behaviour.
Risk assessment can be done in two ways: actuarial and clinical. Actuarial methods
depends upon large amount of historical data for assessing the status of offender as
reoffender. Clinical assessment are based on the opinion of the expert who take a more
holistic approach in predicting the status of the reoffender. Various attributes of the like
personality trait, mental illness or social and psychological factors was taken into account
when risk assessment of an offender takes place. However, it must be kept in mind that no
risk assessment is a full-proof plan. In the case of Gavin, both the static and dynamic
attributes of his characters need to be taken into account. Gavin was arrested at the age of 17,
which implies that he might have a disturbed childhood. Since his second assault took place
in the next year that, too with his step dad shows the level of internal unrest he is going

AN ASSESSMENT OF SOCIAL WORK IN CRIMINAL JUSTICE
through. Later on he being convicted due to shoplifting or for engaging into a tussle shows
how disassociated he is. It is must also be noted that after committing every offense he passed
his atonement period in a contented way. Neither did he complain or showed grudge, he was
fulfilling all the criteria provided to him by his immediate superior body. By analysing these
traits of Gavin it can be suggested that if he is emplaced in an artificial arrangement where
his needs and requirements will be regularly addressed he will be able to lessen his
inclination towards anti-social behaviour. Proper anger management or working in an unpaid
form of community service will only superficially affect his behaviour. This will result in
neutralization of the atonements he is receiving after every offence he is committing. As the
victim is found guilty every time he is committing the crime he should be given Community
Sentence and must receive Community Payback Order. Keeping him under Community
Payback Order will help him to rectify his shortcomings and make him more confident.
Community Payback Order with Drug Treatment will provide him with an alternative to a
Custodial Sentence or a DTTO. However, it is important to note that when an individual does
not have a chronic history drug misuse he or she is not eligible for DTTO because their
offending is not sufficiently high tariff. Thus for Gavin’s case CPO with Alcohol Treatment
Requirement will give him more autonomy and will make him more responsible for his
actions; thus reducing his chance to reoffend. The CPO with the alcohol treatment must be
imposed with a supervision requirement, which will indicate that treatment, and interventions
are necessary because of his alcohol dependency.
It must be noted excessive constraints on him can lead to contrary results, thus it is
very important to understand the emotional and cognitive building of Gavin. According to the
risk assessment of Gavin, he is moderately harmful but if taken proper care he can live up to
the expectation level. All he needs is a proper and a positive environment where he can flex
his mental and his physical health. As no risk, assessment record can be full-proof plan it

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becomes necessary for him to stay under licence or under the Probation Order. This can
minimise the risk and the uncertainty related to Gavin’s action. Having stated this it is also
important for Gavin to realise the importance of the order and the policies that are being
implemented on him. The consent is crucial concerning the case of Gavin due to his
emotional and his ready inclination for committing offenses. Being a sensitive case, it is
important to take proper action due to his feeble mental-control and lack of self-assessment.
It is very important for the institutions to make him realise the value of moral constrains and
ethical protection.
Question three
Generally it is seen that reactive or arrest based approach to an offender is less
effective in reducing the chances of recidivism (Scurich et al. 2016). Therefore, it is very
important to implement intervention strategies that are specific to crime or types of people
who committed the crime. Sometimes the mechanism through which the crime takes place
emphasising the context of the offender demands an analysis for implementing intervention
strategies. Considering Gavin’s case of short term and determinate sentence Cognitive
Behavioural Intervention and support must be implemented in the case of Gavin. Cognitive
Behavioural Interventions (CBT) will employ a set of structured techniques and guidelines
where the cognitive build of the person can be restructured. In this way, he will be able to
locate his particular weaknesses and can effectively try to overcome them. One of his
weakness being uncontrollable burst of anger and his addiction to alcohol he needs to go
through Differential Reinforcement of Incompatible behaviour strategies (DRI). According to
this procedure, the pro-social perspectives can be developed . These kind of behavioural
interventions can be made in the case of Gavin which will improve his understanding related
to his identity. Thus will assist in reducing the inclination of reoffending. The fact that he is
repeating offenses and is successfully completing the atonement period shows that he has

AN ASSESSMENT OF SOCIAL WORK IN CRIMINAL JUSTICE
lack of self-control but if shown the right direction he can assent to the directed track. Thus, it
is very important to make him realise that the offense he is committing is something that one
should not normalise rather take necessary precaution and preventive measure. Being in the
short-term sentences period, he will be released to the community after he serves the half
time in the prison. Any social workers will not supervise Gavin because he is not convicted
for any serious crime (Indictment) and is not placed on a Supervised Release Order (SRO).
However if Gavin is kept under Probation Order with proper Positive Behavioural
Intervention and Differential Reinforcement he will be able to recognize his deficiency and
duly overcome them. According to the data received from the Scottish Government Justice
Analytical Services, the reoffending rates have reduced from 0.6 in 2006-07 to 0.47 in 2016-
17, which was 22% reduction of 0.13 reconvictions per offender (Gov.scot 2018). With the
proper intervention strategies, the reoffending rates have reduced but with proper care and
awareness, a total obliteration of the re-offending phenomena can be achieved.
Before releasing him to community, he must be kept under supervision where he
should be duly educated about cons related to alcohol education. This is because it is
important for him to have a right conduct towards life rather than living the life of a convict.
As Gavin is 25 years old, he should be taught certain skills in manual level or in intellectual
level whichever suits him the best. He coming from a disturbed family caught in shoplifting
affirms that he is in need of raise in economic-standard of living. Not only does the economic
factor need to be addressed in case Gavin his mental as well as physical health also should be
taken care of. Repeated number of reoffending conveys that he has a very low level of self-
esteem and has a negative outlook towards to life. In the words of Scheuermann and Hall,
behavioural strategies can be moulded with Earned Activities and Privileges. When someone
constantly receives negation for every single activities, he starts growing negativity all

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around, thus a word of appreciation or praise can be very beneficial and can effectively
impacton the life of the convict.
With proper intensive support and care,the emotional disturbances that Gavin is going
through can be addressed. It is very important for Gavin to realise the importance of peer
group in his life. Just because he comes from a dysfunctional family background,he need to
be made aware of the right conduct to lead a life. Giving him strict punishment or keeping
him under custody for a longer period in the prison will only increase the budget for prison
and provoke him to commit more offense. Thus, it is important to transform the
administration of punishment from a place of idleness to a more industrious work platform.
However, with the case of Gavin proper moulding strategies and schemes should be
implemented on him, which will enable him, gain self-autonomous and make him an
inclusive member of the society. The transformation of the punishment administration should
be also taken into consideration because for an effective change both macro and micro aspect
of the phenomena must be analysed properly. According to the case, proactive policing can
serve beneficial because the types of offense Gavin has been committing is not something
that is very serious (National Academies of Sciences, Engineering, and Medicine, 2018). If
the police agencies focus more on preventing and reduction of crime rather than being
reactive or investigative to crimes, they can develop a more cooperative and more
comprehensive system of crime management. In case of Gavin it is important for the police to
reach a strategic decision that will help him to realise and understand the importance of
correct conduct of life and also reduce his chances of reoffending. In this way, the context of
him needs to be sufficiently studied and analysed. There can be four approaches to Proactive
Policing problem: Place-based approach, Problem-solving Approach, Person-Focused
Approach and Community-Based Approach. For Gavin to reduce his inclination towards
reoffending both Problem-solving approach and person-based approach must be flowed. The

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motivation and the pattern of crime should be identifiedand tailor-made solution must be
implemented on him. With help of both macro and micro meandering of law and punishment
administration and owing to the principle of CJSW the case of Gavin can be treated in a
proper and systematic manner. Thus, it will help him to better his lifestyle, improve his
primary relationships, comprehend the priority in life, learn better about his own self, and get
rid of his alcohol addiction and gain control over his own self.
Thus, it can be concluded if proper person-based and place based assessment is done
in the case of Gavin he can effectively desist the inclination towards crime and can become a
healthy member of a community shunning his anti-social behaviour. CSWJ prepares the
report that debriefs the personal, social, economic, and political background of the convict.
This information are regularly revised by the court. However, CJSW plays a crucial role to
reduce the rate of reoffending. It does not just concentrates of the end or the result of the
offense but also takes into account the means or the process through which the offense takes
place. For regular offender a provision has been made for unpaid work but if the offender is
under any addiction, he or she is provided with systematic treatment. This is induced so that
he or she can go back to this normal way of communal life. In the case of Gavin due to his
regular lack of self-control, the status of his mental ability must be assessed rather than
labelling him as a convict.

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