THE PLANS IN FULL

Thousands to be spared prison as sentences of less than a year face axe

‘SNP’s soft-touch Scotland’

ROBBERS, wife-beaters and even attempted murderers are among thousands of criminals set to avoid jail after Nicola Sturgeon yesterday announced controversial plans to axe prison sentences of less than a year.

The First Minister said she wants to introduce a ‘presumption against’ sending people to jail for less than 12 months.

The move will mean people found guilty of serious crimes could be handed community sentences instead of being sent to prison.

Miss Sturgeon was accused of a ‘soft touch’ approach to justice after confirming that her government will let more criminals avoid doing time in jail. It is a massive expansion of the move to keep many criminals out of prison. Already, judges are advised to avoid prison sentences of less than three months.

Scottish Conservative leader Ruth Davidson said: ‘Nicola Sturgeon seeks to play down sentences of 12 months or less. Right now, 17 per cent of all offenders done for attempted murder or serious assault receive a sentence of less than 12 months. More than a quarter of all sex offenders are given jail terms of less than 12 months.

‘We see the need in many areas for criminals to be taken off the streets, and we see that nowhere greater than in domestic abuse cases.

‘Judges use short sentences to show repeat offenders, causing misery in their community with low-level crimes time and again, that their actions have consequences. That option should not be removed.

‘We will fight to ensure the option of jail is there. Otherwise, the SNP’s soft-touch Scotland just got a whole lot softer.’

At present, around 11,000 criminals a year are sentenced to jail terms of less than 12 months. In 2015/16, they included 99 people convicted of sexual crimes, 3,302 guilty of ‘crimes of dishonesty’ including housebreakings, theft and shoplifting, and 109 convicted of attempted murder and serious assault.

The Scottish Government does not even need to pass a new Bill to extend the presumption against sentences of less than a year – it can do so through so secondary legislation at Holyrood.

Scottish Liberal Democrat leader Willie Rennie has already announced that his five MSPs would support the move – making it certain that it will win majority support in the Scottish parliament.

Unveiling her programme for government at Holyrood yesterday, Miss Sturgeon said: ‘For some people, a period in prison – sometimes a lengthy period – is the only appropriate sentence. However, we also know that community sentences, where appropriate, are much more effective in reducing re-offending.

‘Indeed, as a result of decisions we took ten years ago to reform our justice system and more communitybased alternatives to prison being available, the re-conviction rate is now at an 18-year low.

‘However, we must now be even bolder in our efforts to keep people out of prison and reduce re-offending further. While sentencing is always a matter for the judiciary, I can announce today that we will extend the presumption against short term sentences from three months to 12 months.

‘We will commence this change once the relevant provisions of the Domestic Abuse Bill are in force, to ensure proper protection for those who are victims of domestic abuse.’

The SNP has already greatly expanded the use of community payback orders and electronic tagging.

Miss Sturgeon also confirmed yesterday that a new Management of Offenders Bill will also be introduced in the next 12 months which will further expand the use of tagging – one of the alternatives to prison which allows criminals to be monitored at home.

The Programme for Government document states that ‘robust community sentences and reducing the inappropriate use of remand play a key part in breaking the cycle of offending’. It says that those released from a custodial sentence of 12 months or less are reconvicted nearly twice as often as those who are given a community sentence.

The Programme for Government states: ‘As a result, we will extend the presumption against short sentences to 12 months. This will encourage the greater use of community sentences, which in turn will reduce the numbers serving ineffective short custodial sentences.

Yesterday, Miss Sturgeon also announced plans to raise the age of criminal responsibility from eight to 12, and to introduce a new criminal offence of drug driving.