Extend presumption against short jail sentences to two years, Government urged

The Scottish Government has been urged to extend its presumption against short sentences to two years in a bid to cut prison populations.

The number of people in prisons reached record highs last year, with the Government forced to bring in a third early release system to ease pressure.

As a result of rising numbers, Justice Secretary Angela Constance formed the Scottish Sentencing and Penal Policy Commission to look at ways to stem the problem.

In its final report, published on Friday, the commission pushed for the Government to extend its presumption against short sentences to 24 months.

Under the current policy, judges are discouraged from issuing custodial sentences of less than a year.

Judges should also be made to provide their reasons why a prison spell is the only way to deal with the specific offence, under the proposals.

“Extend the presumption against short sentences to 24 months,” the report said.

“When passing a sentence of fewer than 24 months, members of the judiciary should provide a written note of all the available alternatives considered and why, bearing in mind the particular facts and circumstances of the case, no other method of dealing with the person was appropriate.

“Data on the reasons provided should be gathered in a format that is amenable to systematic collation and analysis.”

Around a quarter of the country’s prison population is on remand, having not been convicted of a crime, but the commission recommended only those with a prospect of being sent to jail upon conviction for more than two years should be held on remand.

It said a national “decarceration” plan should also be published within the next year to set out “clear milestones” to bring down the rate of incarceration in Scotland, along with considering the establishment of an inspectorate which will look at the “administrative performance of the criminal courts”.

The Government should also develop a policy on “transitional accommodation”, designed to help those leaving prison stay off the streets.

The report comes as the Justice Secretary announced this week she would consult on bringing down the release point for some sentences from 40% to 30%.

Martyn Evans – chairman of the commission and former chairman of the board of the Scottish Police Authority – said Scotland is at a “critical moment” for the justice system.

“It is time for that to change,” he said. “Our commission report sets out ambitious recommendations to deliver system-wide reform.

“Prison should be for serious and dangerous offenders, not for people who need help, support or simply a second chance. We need to choose a different path – one that uses imprisonment more wisely, reduces reoffending and strengthens community responses.

“By transforming our justice system, we can create a fairer and more effective society for all of us.

“Our report addresses the full journey through the justice system, from prevention and early intervention through to sentencing, rehabilitation and reintegration into communities.

“At every stage, our focus has been on what works to rehabilitate and reduce harm, improve lives and strengthen public safety.”

Ms Constance said: “I welcome the commission’s work and thank them for their comprehensive review and swift action on a complex area.

“The breadth of recommendations requires detailed consideration and prioritisation. Taking this forward will be a matter for an incoming government, with many requiring legislative change.

“Bold, collaborative action is needed to reduce reliance on custody and achieve a sustainable prison population. We are committed to taking action.

“There is no silver bullet but these considered recommendations can help us achieve a sustainable prison population.

“We remain an outlier in prison numbers. While prison will always be necessary, we need to shift the balance to community justice, which is shown to reduce reoffending and be more cost-effective for the public purse.

“I will consider the detail of the report and set out my in-principle response to the report in a statement to Parliament next week.”

Scottish Conservative justice spokesman Liam Kerr said increasing the presumption against short sentences would give a “free pass” to criminals.

“It is another gross insult to victims who are a complete afterthought when it comes to the SNP’s justice priorities,” he said.

“This comes in the same week when the SNP’s Justice Secretary already confirmed she wants to let more criminals out early.

“Now if she agrees with these recommendations, many dangerous criminals will spend no time behind bars at all.

“The SNP’s reckless approach is only continuing to endanger public safety across Scotland.”

Labour’s justice spokeswoman Pauline McNeill said: “The SNP cannot keep letting criminals dodge jail in order to manage the chaos they have created in our prison system.

“Sentencing should be about how we keep communities safe – not how we clean up the SNP’s mess.

“Angela Constance and the SNP have pushed our entire justice system to breaking point – from frontline policing to our courts to our prisons.

“The SNP’s sticking plaster solutions and soft touch approach to justice is letting Scotland down.

“Scottish Labour is ready to turn the page on SNP failure, support our overstretched prison service and deliver a safer Scotland.”