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In Scotland, the introduction of national standards andthe further revision of that policyin
April 1991 brought about an increase in the number of offenders breached. Community
service schemes are now required to initiate breach proceedings against offenders
following the third failure to comply. Provided community service staff clearly
communicate their expectations to offenders and appraise them fully of the implications if
they fail to comply, offenders tended to adjust to the more rigorous expectations placed
upon thembystaff (McIvor 1992:185). In the Scottish studies McIvor demonstratedthat:
“The more stringent enforcement of orders produced increased compliance and did
not necessitate greater numbers of offenders being returned to court. It appeared
that offenders were well aware of the extent to which staff would tolerate
absenteeism and that while many took full advantage of the leeway that existed, few
were prepared to overstep the mark and risk being breached.” (McIvor 1992:185).
In many respects the probation officer is like the police officer who exercises discretion to
prosecute an offender when presented with clear evidence of the commission of an
offence. The police officer may decide to issue a caution to such a person rather than
prefer formal charges, which would launch the person into the criminal justice system. By
so administering a caution, apart altogether from the avoidance of costs which such
charging of a citizen would generate for the criminal justice system, the police officer is
exercisinga dispositive decision which is analogous to sentencing (Ashworth 1994:138).
Similarlythe probation officer makes dispositive decisions and applies dispositive values in
the assessment of non-compliance issues by offenders on community service. While the
offender’s consent to perform community service has been described as a rational choice
in the face of unknown risk of a harsher custodial sentence, the dispositive values of the
probation officer are similarly conditioned by the very same risk of unknown alternative
penalties should the probation officer engage the Court further in breaching the offender
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