We need ‘hard conversation with ourselves’ on prison sentences – Constance

Scotland needs to have a “hard conversation with ourselves” on the use of short prison sentences, the Justice Secretary has said.

Sentencing is controlled by the judiciary, which is independent of Government, but in recent years ministers have instituted a presumption against sentences under one year.

Despite the move, short sentences have been on the increase in recent years, rising from around 5,500 in 2020 to 7,400 in 2023.

The number of people sent to prison for three months increased from 1,751 in 2020-21 to 2,658 in 2023-24.

Speaking before Holyrood’s Criminal Justice Committee on Wednesday, Angela Constance took what appeared to be a veiled swipe at judges still doling out custodial sentences under one year, despite a substantial prison overcrowding problem.

“We have to concede that, sometimes, prison is an expensive way of making things worse,” she said. “I think that would be my fundamental point.

“We need to be having a hard conversation with ourselves as a country, because that is a still relatively high number of sentences up to three months and you see a higher figure for three to six months.

“I would contend, while I will absolutely never overstep the mark in terms of the independence of the judiciary, but we can invest money to get better outcomes, as opposed to prison being an expensive way of making things worse.”

Ms Constance also said work is required to increase the confidence of the judiciary in community payback orders.

“Community payback orders, in my view, lead to better outcomes… in terms of re-offending,” she said.

“They’re determined by individual needs, individual risks, they are focused on upskilling of people.”

Her comments come as the committee backed the Government’s plans to reduce the automatic release points for short-term prisoners – except those imprisoned for sexual or domestic violence offences – to 30% of their sentence rather than 40%.

The move is another in a line of actions taken to reduce the prison population, which projections released this week suggested could reach a record high by the summer.

The committee vote was initially a deadlock, with the four SNP MSPs voting in favour of the move, while the opposition voted against.

The tie was broken by convener and SNP MSP Audrey Nicoll, who voted to back the proposals.

Before the policy is enacted, it will have to face a vote of the whole Parliament, but is likely to pass.

Speaking in favour of the motion, Ms Constance acknowledged the decision was a “difficult” one.

But Scottish Conservative justice spokesman Liam Kerr described the plans as “extraordinary”.

He added: “The Cabinet Secretary says this is to manage the prison population. It’s not – it’s a panicked, knee-jerk, unevidenced measure which will be counterproductive in so many ways.

“I disagree with the Cabinet Secretary, this is not a hard decision, it must be opposed – which is why I will.”

Scottish Labour MSP Pauline McNeill said she had “serious concerns” about the plan.

“Whilst I agree with a lot that the Cabinet Secretary is saying, I’m not comfortable with managing the prison population with what is a permanent, statutory requirement to only serve 30% of a sentence,” she said.

Ms McNeill said it “further alarms” her that those released will not necessarily be subject to supervision.