Soft-touch SNP plan to let thugs escape prison
Move to scrap jail terms for some offences
THOUSANDS of dangerous criminals could dodge jail under SNP plans for more ‘soft-touch’ justice reforms.
The Scottish Government is considering extending its move to scrap prison sentences of up to three months to as long as 12 months.
Under one extraordinary proposal, MSPs could legislate to abolish jail terms for some offences in an effort to empty Scotland’s cells.
More than 5,000 offenders could escape proper punishment every year as a result, including hundreds of thieves, violent thugs and drug users. More serious crimes such as sexual assaults and attempted murder and serious assault could also result in soft-touch community sentences.
Opponents last night accused the SNP of ‘pandering’ to criminals, but Justice Secretary Michael Matheson claimed short spells in prison are a ‘waste of human potential’.
Plans to scrap short-term jail sentences were first outlined by the Nationalists in 2007, leading to immediate allegations it was a ‘charter for criminals’.
The party hoped to abolish terms of six months or less, but that was later reduced to three months to win Lib Dem support in a crunch vote in 2010.
The policy came into effect in 2011, although it is only a ‘presumption’, not an outright ban.
Scottish Conservative justice spokesman Margaret Mitchell said: ‘ These proposals are another sorry example of the SNP’s preoccupation with emptying jails.
‘Instead its focus should be on public protection and finding better ways to tackle escalating reoffending rates.
‘Custodial sentences of any length protect public safety and deter criminals from offending. They also punish them if they do offend and provide crucial rehabilitation to ensure they do not repeat these patterns of behaviour on release.’
Mrs Mitchell said that extending the presumption against short-term sentences simply gives offenders the impression their crimes are not sufficiently serious to merit a jail term.
She added: ‘Victims deserve a justice system that advocates for their interests instead of pandering to those of criminals.’
Ministers claim they are proposing a change because the present policy has had a minimal impact in practice.
In 2013-14, more than 4,000 offenders were still locked up for less than three months by sheriffs who effectively ignored the Government’s stance.
A further 5,214 offenders – 37 per cent – were locked up for between three and six months for crimes including 874 common assaults, 184 drug crimes, 164 cases of handling an offensive weapon, and 210 housebreakings. There were 13 attempted murders and serious assaults and 12 sexual assaults.
On top of that, 3,539 people were jailed for between six months and two years. On average, around 8,000 people are behind bars on any given day.
A new Scottish Government consultation claims a presumption against sentences of under a year could free up as many as 660 spaces in jail. Other options would be to have a minimum sentencing period of nine months or six months.
The consultation argues: ‘Community sentences may be more effective in reducing reoffending as they can provide more opportunities to address underlying causes of offending when compared with shortterm prison sentences that provide only limited access to rehabilitation services.’
The document even suggests introducing legislation to ‘allow for certain offences to only result in custodial sentences in exceptional circumstances, whilst also allowing for certain offences to be excluded from the presumption, and therefore individuals committing these offences could still be sentenced to short periods’.
Mr Matheson said: ‘Imprisonment will always be required for individuals whose offences are so serious that prison is the only appropriate form of punishment, and for those who pose a risk of serious harm.
‘However, use of short-term imprisonment for individuals who do not fall into those categories is not effective – 60 per cent of offenders imprisoned for three months or less are reconvicted within a year.’
‘Preoccupied with emptying jails’ ‘Don’t pander to criminals’