Orders

Orders can be imposed as a stand-alone disposal or as part of another sentence.  

 

Anti-Social Behaviour Order (ASBO)

This prohibits people from doing anything listed in the Order. It aims to stop behaviour that causes other people alarm or distress. For example anti-social behaviour could be playing loud music on a regular basis, or continually drinking in the street and becoming rowdy. A judge can issue an ASBO instead of, or in addition to, any other sentence. 

Caution

Caution is pronounced to rhyme with station. Convicted offenders can be ordered to hand over a sum of money held by the court as security for good behaviour. If the offender doesn’t get into trouble for a set time, the money will be returned. Caution can also be used in civil cases where a person must lodge money to cover a possible cost in the future, for example the expenses of the case if it is lost.

Deportation

Offenders over the age of 17 who are not British citizens, and who have been convicted of a crime punishable by imprisonment, can be sent out of the country. See the law.

Disqualification

Offenders who have committed a crime involving a vehicle (including road traffic offences), or who have failed to pay fines, can be disqualified from driving in some instances.

Drivers can also be disqualified when they receive 12 or more penalty points on their licence within 3 years. Penalty points can be given for certain driving offences, such as speeding. However, the court can decide not to disqualify if an offender can show that disqualification would cause them ‘exceptional hardship'. Decisions on disqualification are based on the individual circumstances of each case.

Offenders convicted of treating animals badly, or neglecting them, can be disqualified from keeping or dealing with them in the future under the animal welfare law.

Drug Treatment and Testing Orders (DTTO)

DTTOs aim to help offenders reduce their drug misuse and the crimes they commit because of it. They are given for up to three years to offenders who have a serious drug problem and who might otherwise be given a prison sentence. Offenders must agree to treatments; to testing to ensure the treatments are being followed; and to regular attendance at court for reviews.

Exclusion Order from licensed premises

Offenders convicted of a crime involving violence, or the threat of violence, can be banned from particular pubs or shops selling alcohol for up to two years. See the law.

Football Banning Order

Offenders convicted of a crime of violence or disorder relating to a football match can be banned from going to future games. This can include overseas games and some offenders must give their passports to the police when these matches are being played.

Forfeiture and confiscation

When offenders have been convicted of certain crimes, the prosecutor can ask the court to take property or money from them. Items that might be forfeited (given up) are weapons, illegal drugs (which are destroyed), or vehicles involved in some road traffic offences. Money and possessions can be confiscated (taken) from offenders who have benefited from a criminal life style. See the law.

Mental Health Order

If an adult with a mental disorder is convicted of an offence punishable by imprisonment, the judge can send the person to a psychiatric hospital for treatment. The judge can only make this decision based on evidence, including the evidence of two doctors. Other mental health orders can be made depending on the circumstances of a case or of an offender. See the law.

Non-harassment Order

Offenders who have been convicted of causing a victim alarm or distress can be ordered to stop the behaviour. This can include unwanted texts or shouted abuse. See the law.

Restriction of Liberty Order (RLO)

A RLO can last for up to a year and may be given as an alternative to imprisonment. Offenders must be in a certain place, such as their home, for a set amount of time. This can be up to 12 hours a day. They can also be restricted from going to certain places. The offenders are closely monitored - usually by wearing an electronic tag.

Sex Offender Notification Requirements

People convicted of certain sexual offences (see the law) must notify the police of personal information, such as address, for a certain length of time. The notification period for a person given an extended sentence will be calculated using both the custodial term and the extension period. For more details see the Police Scotland website.

Sexual Offences Prevention Order (SOPO)

A SOPO can order offenders convicted of a sexual crime to follow certain rules and can stop them from doing anything listed in the Order. For example, a SOPO might order an offender not to use the Internet to contact a child under the age of 16. These Orders are given to protect the public, or a particular person.