Computer Misuse Act

Such other, additional conditions as may be deemed appropriate by the Court of its own motion or on the advice of the Probation/Aftercare Unit.

The identity of the institution of Placement. A standard form of Order is contained in Schedule I hereto. Placements. Placement Characteristics. In theory the range and type of placements able to benefit from Community Service are limited only by the skills and abilities of the offenders subject to Community Service Orders. In practice those skills and abilities tend to be manual or at best involve artisan skills. However there are cases where an offender has specialist skills which may be appropriately put to good use. Work undertaken by offenders on Community Service should be of benefit to either an individual or a group who otherwise would be unable to have the work carried out. Work for the public benefit to be carried out through a public or charitable agency is of course also recommended, provided all concerns as to proper placement are met. Community Service will not be used as an alternative to paid labour. Community Service should never be regarded as a form of cheap labour for projects and undertakings that ought rightly to be funded and paid for properly. An overriding objective will be to select placements which will enhance public confidence in Community Service Orders as a viable and effective form of sentence. Although Community Service is not intended to be rehabilitative in the sense that it is not a regime structured to reform behaviour, it is intended nevertheless to offer an opportunity for the offender to develop a sense of self responsibility and achievement. Also, if an offender completes the placement satisfactorily, the placement sponsor may be willing to provide the offender with a useful employment reference. < > Placement Agreements. All placements, whether short or long term or ongoing, need to be set up on the basis of an agreement between the Probation/Aftercare Unit, the placement and the offender. That agreement should include details of the type of work to be carried out, the standard of work required, the hours to be worked and supervision and reporting arrangements. Other details regarding materials and tools and equipment may also be included depending on the work required and the environment. Other important aspects of the agreement should deal with the expected level of contact and support between the placement and the Supervising Officer, and procedures to be followed in the event of unsatisfactory performance or behaviour by the offender. Information about the purpose of Community Service and the expectations of the placement provider, offender and Probation/aftercare Unit should be discussed with the individual or organisation offering the placement prior to and as part of arranging the placement. In addition to agreed procedures for unsatisfactory performance and Nn behaviour, this information should also include the steps to be taken where the offender or the Probation/A ftercare Unit has a concern about the placement. The placement agreement should be drawn up in writing and copies given to the relevant parties to the agreement. A standard form of Placement Agreement is prescribed as set out in Schedule hereto. << Ld Placement Safety and Security. The safety and security of the placement and the offender(s) and of the public, are paramount in all projects and tasks undertaken as Community Service. The Probation/A ftercare Unit will take every reasonable step to advise the Courts to ensure that certain types of offenders will not be placed in situations on Community Service where there is a risk to individuals within the placement or to property. For example, offenders convicted of offences against children will not be working in locations used or frequented by children. In seeking to set up placements, the Probation/Aftercare Unit will be responsible for ascertaining any restrictions the placement may have regarding certain types of offenders, taking into account criminal records (and other intelligence) on specific individuals. Every reasonable step will be taken to ensure the health and safety of offenders undertaking Community Service tasks, having special regard to working conditions, environment, weather and the use of tools and equipment. A list of institutions or organisations which have agreed to accept placements and are prescribed as suitable for placements is set out in Schedule III hereto. This list is subject to expansion or deletion from time to time by further notice from the Governor—in-Council. Assessment of Offenders. Assessment of Suitability of Offenders. A Community Service Order should not be made before the Court has first obtained a written report into the suitability of the offender to carry out Community Service and confirmation that a suitable placement is available or will be available within an acceptable time. The responsibility for carrying out the assessment and reporting to the Court should rest with the Probation/Aftercare Unit. The offender should be informed of the result of the assessment of suitability before he or she appears in Court for Sentencing. The assessment report should also contain an indication of the subject’s willingness or otherwise to consent to the making of a Community Service Order. The essential points to be included in the report on the suitability of the offender are as follows:- 1, the physical and emotional health of the offender the availability of the offender to do community service, taking into account his or her employment, family and other reasonable commitments the offenders previous criminal convictions as well as the current conviction N o>) 4. his or her motivation to comply with the terms and conditions of a Community Service Order

his or her understanding of the implications of the making of such an order with special attention to the consequences of failing to comply with the order 6. any special skills or abilities re an indication as to whether or not the offender will consent to the making of a Community Service Order 8. the educational standard of the offender. 9. previous performance/response to Community Service Orders or other community based order made by the Court. < > Ongoing Assessment. A review of the offender’s performance and behaviour on placement and of risk should be carried out at regular intervals during each placement. The results of these assessments should be recorded in the case file and shall be available to the Court. Where there are indications that the risk to the placement the public, or the offender is unacceptable, then action should take place immediately to re-locate the offender or suspend the placement pending referral to the sentencing Magistrate/Judge so as to allow reconsideration of the sentence. The review should also take into account the positive aspects of the placement and the offender’s performance as well as any difficulties. Supervision and Monitoring. Supervision. The supervision of offenders on Community Service is the responsibility of the Probation/Aftercare Unit. In the majority of cases this will be carried out by the Community Service Supervisor in person. In exceptional cases supervision may be carried out by a third party, including the recipient of the service, but in any case overall responsibility and accountability remains with the Community Service Supervisor. The level and type of supervision will vary from case to case depending on the type of placement, the tasks involved, the competence and reliability of the offender(s), and, the needs of the placement. Supervision of the offender(s) on placement will consist of issuing instructions on the work to be carried out and the methods to be used, ensuring that the work is carried out properly and that the offender behaves in an appropriate manner, offering advice and instructions where required, and taking necessary action in the event of the offender failing or being unable to comply with instructions. In some cases the offender may be allowed to work unsupervised from time to time but the Community Service Supervisor will be present at the beginning and end of each work period. For group placements and projects the Community Service Supervisor should be present at all times. In all cases an intended programme for supervision and monitoring will be described in the Community Service Report for the consideration of the Court. Breach of Community Service. Policy. There are two main grounds for breach of Community Service, namely:- a) Failure to comply with the terms and conditions of the Order, and, b) Conviction for a further offence while subject to a Community Service Order. A breach of the terms and conditions of a Community Service Order will most likely result in a custodial sentence being imposed for the original offence and for the breach of the Order. This is of course subject to the discretion of the Court. The principle of taking stern measures for the failure to comply with the terms and conditions of a Community Service Order or for committing a further offence while subject to an order underlines the seriousness of the case for which the Order was imposed in the first instance. Offenders who are offered the opportunity to make amends through a Community Service Order, and to avoid the alternative of a custodial sentence, need to recognise and acknowledge the importance of this opportunity and the advantage to themselves in the making of such an Order, and to avoid any notion of Community Service being an easy way out or a soft option. < Procedures for Breach of a Community Service Order. Any allegations concerning a failure to comply with the terms and conditions of a Community Service Order should be investigated by the Community Service Supervisor, who shall thereafter bring it to the attention of the court, which will then decide whether or not to issue a warrant of arrest for the alleged breach to be inquired into, and if appropriate, for the imposition of an alternative form of sentence. The Service Supervisor's investigation should take place within two working days of the alleged failure to comply. The findings of the investigation should be discussed with the Probation/Aftercare Unit Supervisor and a decision made as to whether or not there is sufficient information to instigate Breach Procedures. The Probation/Aftercare Unit is responsible for ensuring that the information given to the Court meets the required standards of evidence. Advice may be sought from the Government Legal Department in this regard. It is essential that any action taken in response to an alleged failure to comply is made timeously and where necessary the matter is brought to Court quickly. Information, Publicity and Confidentiality. Information. All information about the offender in the form a Community Service Assessment Report or Social Inquiry Report is the property of the Court and the Department of Social Services. Information on the placement may be made available to outside agencies only with the explicit, written consent of the placement. Information about the offender should only be made available to the placement on a need to know basis. In practice the placement may wish to know the offender’s criminal history in order to reassure themselves that they are not exposing themselves or people in their charge to unnecessary risk. This should only be divulged with the knowledge and consent of the offender. Publicity. Information about the placement or project for publicity purposes may only be released with the explicit, written agreement of the placement. None of the information made available for publicity purposes should identify or make it possible to identify the offender(s) participating in the placement/project, this includes photographic as well as written material. Confidentiality. All information relating to the offender and the placement should be treated in the strictest confidence. (All information relating to the terms and conditions of the Community Service Order, the Placement Agreement and any relevant procedures should be made available in English and Spanish when required. Special arrangements should be made for offenders who have difficulty in reading.) Implementation of Community Service by Offenders. Legislation The Legislation is already in place which will allow the Courts to make Community Service Orders. Some revision may be necessary to allow for adjustments in the number of hours that may be imposed and to provide for the review of Orders. Sentencing Guidelines Under the guidance of the Hon. Chief Justice the Sentencing Courts will determine their policy for the imposition of Community Service so as to provide for consistency and even-handedness particularly in relation to the types of cases where Community Service would be considered the appropriate disposal, and importantly, the response to Breach of Community Service. Community Service Staff/ Resources Arrangements are in place for the appointment of an experienced and dedicated Community Service Co-ordinator/Supervisor who will be responsible for setting up Community Service placements and projects and for the supervision and monitoring of offenders on Community Service. It is intended that the Community Service Coordinator/Supervisor will be in post by end February 2000. The resources available for Community Service in terms of transportation and equipment are limited at present. This means that the numbers of offenders that can be adequately managed will be restricted to between 25 to 30 at any given time. Further provisions for the future will be made depending on the need for supervision and monitoring. Evaluation/Review There will be ongoing evaluation and review of Community Service to consider measurable items including:- Ls The number of Community Service Orders made by the Courts. 2s The number of Community Service Orders completed satisfactorily. Es The number of Community Service Orders breached. 4. The responses of recipients in terms of satisfaction (or otherwise) with the service received. In the longer term it is intended that further research will look at the impact of Community Service on individual offenders, in particular their attitudes towards society, victims of crime and criminal behaviour. Outline of programs for Community Service by Offenders prepared for the Cayman Islands Government Establish Legal Basis Formulate Sentencing Guidelines. Formulate Procedures and Guidelines <b Identify and consult potential placement/project providers Negotiate and establish term projects, ongoing placements and single projects/tasks. agreements for long and short agreement. Identify appropriate placement and establish provisional a Establish the Policy Court instructs Community Service assessment report. Offender assessed as to suitability for Community Service. Suitable Not suitable Placement agreement confirmed > Submit Community Service Report to the Court. Alternative Sentence Order made. et —> Imposed. f Terms and conditions explained to the Offender Placement commences. SCHEDULE I FORM OF COMMUNITY SERVICE ORDER IN THE [GRAND] [SUMMARY] COURT OF THE CAYMAN ISLANDS [HOLDEN AT GEORGE TOWN, GRAND CAYMAN] [HOLDEN AT CAYMAN BRAC] [INDICTMENT NO:] [CHARGE NO:] COMMUNITY SERVICE ORDER made pursuant to Section 42 of The Penal Code (1999 Revision) for pursuant to Section 51 of the Misuse of Drugs Law (1995 Revision) |} The defendant Date of Birth: whose address [is] [will be] has been convicted of by the [Grand] [Summary] Court on the day of On the day of the Court after considering a report prepared by the Department of Social Services Probation Aftercare Unit about the defendant and the defendant’s circumstances [and after hearing from of the Probation Aftercare Unit — the Supervising Officer] was satisfied that the defendant is a suitable person to perform community service work and that provisions can be made for the defendant to do so in the place(s) and under the circumstances set out in the Placement Agreement with the defendant and which is attached to this Order. It is Ordered that the defendant during a period of [twelve] months from the date of this order shall: i. Keep in touch with the Supervising Officer at the Probation/Aftercare Unit at the address set out in the Placement Agreement and in accordance with such instructions as may from time to time be given by the Supervising Officer. Nw The defendant shall reside at the address given above or such other place as the Supervising Officer may authorise in writing. o>) Perform _ hours of Community Service, said service to commence within days. The Community Service to be performed will be as set out in the Placement Agreement and will be at such times as set out therein or as instructed by the Supervising Officer and the defendant is further ordered to comply with the terms of the said Placement Agreement. DATE: [Judge of the [Magistrate of the Grand Court] Summary Court] (For use of the Probation Services only). This order and the consequences likely to follow from any breach of it have been explained to me by the Court and I have received a copy of it. SIGNED: DATE: DEFENDANT Proforma Community Service Placement Agreement Probation/Aftercare Unit Department of Social Services Cayman Island Government. Proforma Community Service Placement Agreement. This agreement is between (name of Placement), ihe Probation Aftercare Unit and (name of offender) the details of which are set out below as apply to and are in accord with the Community Service Order made in (name of the Court) at George Town on (date) in respect of the said offender. Project/Task. (Specify the work to be carried out by the offender) e.g. painting, ground clearing, carpentry, garbage collection Reporting requirements. The offender will report to (the name of the person) at (location) at (time and date, or day(s) of the week). The offender will be required to carry out the tasks specified above from (specify.times). (Where an offender is.required to.work for-a full day breaks for lunch etc., will also be agreed) Equipment and Materials (specify tools and equipment requirements and who will be responsible for providing them). All materials required for the project/task will be provided by (Name of placement provider or other). Supervision. The Supervising Officer for (name of offender) is (name of Supervising Officer) of the Probation/Aftercare Unit, Department of Social Services, Inco Building, Elgin Avenue, George Town. (tel. no. 949 1693). This officer will have overall responsibility for (name of offender) while he/she is on placement. Contact with the offender while on placement will be as follows:- (specify contact type, e.g., personal, telephone, other; frequency of contact etc. In cases where the offender is working unsupervised the agreement will detail arrrangements for recording reporting and finishing times and work completed etc.) Monitoring. The placement will keep a record of hours of work completed together with reports on work performance. These should be submitted to the Supervising Officer on a weekly basis or more frequently if required. Procedure for Failure to Comply with Agreement. In the event of the offender failing to comply with any of the terms and conditions of this agreement the placement representative should advise the Supervising Officer immediately. Thereafter the Supervising Officer will meet with the placement representative and the offender, either separately or together, to ascertain the nature and circumstances of the failure to comply. The Supervising Officer at that time should ascertain whether or not the placement is to continue or be terminated. The decision to terminate the placement rests with the placement representative. Complaints. If any party to the agreement has a complaint or concern regarding any matter relevant to the project or task, working conditions, unsatisfactory performance etc., they should report the matter immediately to the Supervising Officer or the Supervisor Probation/Aftercare Unit. The Supervising Officer or Supervisor Probation/Aftercare Unit will then investigate the complaint. If the complaint is confirmed the Supervising Officer or Supervisor Probation/Aftercare Unit will meet with the parties concerned and either resolve the matter or terminate the placement. Alterations and Changes to the Agreement. Any alterations or changes to this agreement may only be made with the agreement of the parties concerned provided such alterations or changes are permitted within the terms and conditions of the Community Service Order referred to above. The terms and conditions of this agreement are understood and accepted as binding. Placement Representative... 000000000 ccc cec cee cee cee cee eee cee cere d8t@ lee coc coccee cece cee. ii Sie POSAY RIOR ESR NE TSU ere ALE) eeorecesrecere eae exereeon Supervising OFFICE... cc cec cee eettectecceeeeecer ee GQt@. ccc. to Schedule II List of placements Schedule HI The following institutions and organisations are approved for the placement of offenders ordered by the Courts to give Community Service pursuant the Penal Code and the Misuse of Drugs Law: The Government Public Work Department The Rotary Club of Grand Cayman The Lions Club of Grand Cayman The Kiwanis Club of Grand Cayman The National Council of Voluntary Organisations The National Trust of the Cayman Islands The Y.M.C.A./Y.W.C.A. The Chamber of Commerce (in respect of PNDAREwWN public service programs organised by it). 9. Homes for the Elderly in the Districts

Churches It is intended that Churches will also be listed as appropriate placements once the Government Social Services Department are able to advise that suitable arrangements can be made. (Price $ 5.20)