Think tank urges ban on short jail terms

A THINK tank has called for a ban on prison sentences of six months or less.

Reform Scotland said only an outright ban on short sentences could bring about change in the justice system because the current presumption against terms of three months or less was not working.

Nearly 30 per cent of all jail sentences in 2015-16 fell into that category, while automatic early release meant 65 per cent of offenders that year served three months or less, it said.

The organisation said the ban should extend to a year if automatic early release for short sentences remains in place.

Speaking ahead of the publication of a report on prison reform, research director Alison Payne said: ‘The Scottish Prison Service itself has said that there are limited opportunities for rehabilitation during short sentences.

‘Furthermore, the disruption of a short sentence, including loss of income and employment, and problems with childcare and family relationships, often makes the sentences disproportionate to the crime.’

She added: ‘People make mistakes and we need to help ensure that such mistakes are not repeated, not just because of the emotional and financial cost of crime to victims, families and society, but because of the loss of human potential.’

But the Scottish Conservatives said shortterm sentences still had a role to play.

The party’s justice spokesman Liam Kerr said: ‘If criminals know they can turn up to court and won’t be jailed, it will do nothing to deter them from illegal activity.

‘Many people, especially victims of crime, already think Scotland’s justice system is too soft-touch and would view an abolition of these jail terms as an extension of that.’

Last month, Scotland’s chief inspector of prisons David Strang said the current presumption against three-month sentences should be extended to 12 months, arguing the approach does not cut crime. The Scottish Liberal Democrats have also backed ending jail sentences of under 12 months.

A Scottish Government spokesman said: ‘The Scottish Government is committed to the principles of the McLeish Commission that imprisonment should be reserved for people whose offences are so serious that no other form of punishment will do and for those who pose a threat of serious harm.

‘We believe that more can be done to strengthen the current presumption so that it has a more direct impact on sentencing decisions, and have consulted on proposals to do just that.’