Scottish Daily Mail

SCANDAL OF £2M BENEFIT CHEATS EVADING JUSTICE

New soft-touch row over tiny number of cases that ever reach Scots courts

- By Amelia Clarke

ONLY eight out of every 100 Scots accused of being benefits cheats are actually prosecuted.

And of the tiny proportion who do end up in the dock, fewer than 4 per cent are sentenced to time behind bars, while many more are handed penalties such as work placements or fines.

In the latest example of Scotland’s soft-touch justice system, figures revealed that welfare fraudsters are cashing in to the tune of around £2million every year. Yet despite more than 11,813 concluded fraud investigat­ions recorded by the Department for Work and pensions (DWp), fewer than 16 per cent of those accused of swindling the system were recommende­d for prosecutio­n by its officials.

Since April 2017, the DWp has lost a total of £5,640,000 to

benefits fraud in Scotland. Duncan Simpson, of the TaxPayers’ Alliance, said: ‘These statistics highlight absurditie­s in the welfare system. Gaming the system to cash in on taxpayer-funded generosity is outrageous and costly.

‘The Government has a duty to take serious action to prevent cheating.’

Documents obtained under the Freedom of Informatio­n Act show that out of the 11,813 investigat­ions carried out, DWP officials recommende­d prosecutio­n in 1,917 instances between the beginning of 2017 and September this year.

The Crown Office went on to pursue court action against 903. Of those placed under investigat­ion, only 37 eventually ended up being sent to jail. And while 820 fraudsters were convicted, more than half were handed a community sentence, while 159 received fines. For those who receive a community sentence, their punishment could include carrying out unpaid work, such as removing graffiti.

Scottish Conservati­ve MP Andrew Bowie said: ‘Benefits fraud is not a victimless crime – it takes vital support away from those who need it most.’

The Crown Office said it deals with every case ‘on its own facts and circumstan­ces’ and ‘effective and appropriat­e’ action is not limited to court proceeding­s. A spokesman added: ‘Prosecutor­s also have a number of direct measures at their disposal. These are an effective response to certain types of offending, making offenders face up to the consequenc­es of their actions without delay.’

A spokesman for the Judicial Office for Scotland said: ‘When deciding a sentence, a judge must deal with the charges the offender has been convicted of, taking into account the unique factors of each case.

‘The judge must consider the facts that are presented to the court by the prosecutio­n and by the defence.’

The DWP said prosecutio­n is not always the most effective approach and better results for the taxpayer can often be generated by enforcing tough administra­tive penalties. A spokesman said: ‘Benefit fraud is a crime which diverts money from people who really need it.

‘We act swiftly to investigat­e and bring to justice anyone fraudulent­ly claiming benefits. Working with local councils we recovered more than £1billion last year.’

A Scottish Government spokesman said: ‘These figures relate to cases of benefits administer­ed by the DWP, which is the responsibi­lity of the UK Government, but we are clear that benefit claimants who make genuine errors should not be criminalis­ed.’

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