Jail sentences of less than a year could be scrapped
●Chief inspector of prisons says short jail terms lead to greater re-offending
Scotland’s chief inspector of prisons has called for jail terms of less than a year to be phased out as they do nothing to cut crime.
The radical move is being considered by the Scottish Government amid growing concerns that too many offenders end up behind bars instead of being given more “appropriate” community sentences.
There is already an official presumption against sentences of three months or less, however this has largely failed to have any impact on court judgments.
But opponents last night criticised the move to end shorter sentences amid concerns of a “soft-touch” approach to justice in Scotland.
Ministers insist that serious offences will always result in jail.
Chief Inspector of Prisons David Strang said he believes the government is inclined towards extending the presumption when they set out
their plans later in the year. “If we take the longer view, which I think we should, if we want to reduce crime, then we should be sending fewer people to prison not more,” he told BBC Radio Scotland.
“The evidence is that if you send more people to prison for short sentences you’re going to drive up reconviction rates and increase offending.
“We’re locking up too many people in prisons in Scotland.”
Asked where he would set the new bar, he said: “Less than 12 months, all the evidence being that people sent to prison for less than 12 months, over half of them are reconvicted within one year.
“The evidence is very clear that if you send someone to prison then the damage that does leads to them re-offending more than if you had given them an alternative sentence.”
This could include a community payback order that sees offenders doing work on local projects to make a positive contribution to communities. The current law has a presumption against judges handing out sentences of three months of less for offenders and was introduced in 2010.
But courts can impose sentences of less than three months if they set out clear reasons for doing so.
The government has consulted on extending the “presumption” to 12 months as well as restricting “exemptions” which judges use to get round the three months guidelines.
Mr Strang added: “My understanding is that they [ministers] are going to push for increasing the presumption.
“I think there’s quite a punitive attitude in Scotland, people feel that unless someone is sent to prison they haven’t really been dealt with properly for their crime. I think it’s really important to get the message over that’s not the case.”
It costs £30,000 to £40,000 a year to keep a prisoner in jail, while community payback orders cost £10,000 a year.
Mr Strang was appointed to the role in 2013 and is responsible for the inspection of the 16 prisons in the country.
He said prison should be for “serious offending” which has caused substantial harm or where there a “future threat to potential victims”.
“Without a doubt there are people in prison who absolutely should be there for the protection of the public,” he said.
Ministers insist they have looked at a range of options to provide alternatives to ineffective short-term prison sentences and prevent re-offending, such as community sentences and electronic monitoring.
The Conservatives warned against any moves towards ministers having a greater say over sentences.
Tory justice spokesman Liam Kerr said: “Short term prison sentences can play an important role in our justice system, and it would be ludicrous to end them.”