THE Scottish Tories are under pressure over their opposition to scrapping short term prison sentences north of the border amid claims the UK Government is backing the policy.
Ruth Davidson’s party has described SNP Government plans to move towards the abolition of sentences of less than twelve months as “ludicrous”, but Tory Ministers at a UK level are "looking closely" at the Scottish approach.
A presumption against prison sentences of less than three months is already in place in Scotland and will likely be extended to 12 months. Supporters believe community penalties are more effective at cutting reoffending than short jail terms.
However, the Scottish Tories, who have accused the Government of being soft on law and order, are opposing the extension.
Tory MSP Liam Kerr has said: "Short-term prison sentences can play an important role in our justice system, and it would be ludicrous to end them.”
His party also started a petition designed to mobilise public opinion against the change.
It states: “The SNP have confirmed that they will abolish jail terms of less than 12 months.It means that just under 10,000 criminals – including sexual offenders and those convicted of attempted murder – would have avoided prison last year under Nicola Sturgeon’s plans. It’s time to end the SNP’s soft-touch approach to justice.”
South of the border, Tory Ministers have taken a different approach and questioned the value of sending people to jail for short spells.
The UK Government is considering abolishing sentences of less than six months, while UK Prisons Minister Rory Stewart has suggested going further:
“My number one priority is to protect the public and I believe that the best way of protecting the public is to significantly reduce, if not eliminate, the under 12 month prison population because people on community sentences are less likely to reoffend than people who are put in prison.”
Stewart also said in January that short sentences are “often long enough to damage someone”, adding that the Government is “looking closely” at the approach in Scotland.
UK Justice Secretary David Gauke has also struck a different tone to his Scottish Tory counterparts, after suggesting short sentences should be a “last resort.”
In a letter to Kerr, SNP Justice Secretary Humza Yousaf mentioned the Tory Government and urged the Scottish Conservatives to rethink their opposition to his plans:
“I should re-emphasis that this is a presumption, not a ban or abolition of sentences of 12 months or less. Sentencing decisions in each case will remain a matter for the independent judiciary within the relevant statutory framework.
“Parliamentary scrutiny is vital and I would welcome the opportunity to discuss the presumption against short sentences with you with a view to moving beyond the rhetoric of soft justice and helping ensure community sentences are as effective as possible as we strive to further reduce reoffending, which benefits victims and communities as well as individuals in the justice system.”
A spokesperson for the Scottish Tories said: “It may be news to the SNP, but the Scottish Conservatives have our own policies that are distinct from the UK party.
“Humza Yousaf should instead be focussing his energies on tackling rising crime rates, addressing the problems facing Police Scotland and fixing botched attempts to merge the force with British Transport Police.”
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