The Scottish Government has put plans in place to restrict courts from sending offenders to prison for less than 12 months, in a bid to cut "ineffective" short sentences.
Ministers have pubished an order to extend the presumption against short prison sentences from three months to a year, in an attempt to break the cycle of reoffending.
The affirmative order, subject to parliamentary approval, will come into force in summer.
The Government said people released from a sentence of a year or under are nearly twice as likely to be convicted again compared to offenders sentenced to a community payback order.
Community Safety Minister Ash Denham stressed the presumption is not a ban and short prison sentences will still exist.
She said: “Clearly, prison remains the right option for those who pose a serious risk to public safety and sentencing decisions will remain a matter for the independent judiciary.
“However, we want to ensure courts consider the most appropriate sentence in all cases and imprison people only when there is no suitable alternative.
“Disruptive and counterproductive short prison sentences often lead to homelessness, unemployment and family breakdown – making it harder for people to reintegrate on release and increasing the likelihood that they will be drawn into a cycle of offending.”
She credited existing presumption and payback orders, alongside other reforms, for a 19-year low in reconviction rates.
The Minister added: “Evidence shows alternatives to custody are more successful in supporting rehabilitation and preventing reoffending, ultimately leading to fewer victims and safer communities.”
Bill Fitzpatrick, director of operations at Community Justice Scotland, welcomed the move towards the presumption extension.
He said: “It demonstrates a commitment to change and is a step towards smart, effective, more robust justice.
“Evidence shows this extension could reduce offending behaviour if strategic support is given to local service providers and communities to ensure that people pay back for the harm done and the underlying causes of crime are addressed.”
The budget for community justice services, which includes community sentences such as community payback orders and electronic monitoring, has increased from £35.4 million in 2918/19 to £37.1 million in 2019/20.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel