Scottish Daily Mail

11,000 violent criminals set to dodge prison

- By Graham Grant Home Affairs Editor

MORE than 11,000 criminals – including killers, violent thugs, sex offenders and housebreak­ers – are set to dodge jail every year under SNP reforms.

Nicola Sturgeon revealed plans this week to introduce a presumptio­n against ‘short’ prison sentences of up to 12 months.

But analysis by the Scottish Tories has revealed the new measures could see thousands of serious criminals avoid prison in favour of fines or community sentences.

In 2015-16, the most recent time period for which statistics are available, 11,195 offenders were sentenced to 12 months or less.

The stark new figures emerged as Scottish Women’s Aid urged the Scottish Government to ensure women and children would be protected from domestic abusers – as most abusers who are jailed are locked up for less than a year.

Scottish Tory justice spokesman Liam Kerr said: ‘The SNP is creating an impression that this change will only really impact low-level offenders whose rehabilita­tion would be better served with alternativ­e punishment­s.

‘But the reality is it will see certain offenders convicted of homicide, serious assault, attempted murder and sexual assault escape a jail term.’

The 11,195 prisoners jailed for up to a year included two convicted of culpable homicide, 109 of serious assault or attempted murder and 82 of robbery.

In addition, 27 people convicted of sexual assault were jailed for under a year, as were 285 housebreak­ers and 334 found guilty of handling an offensive weapon.

Mr Kerr said: ‘If ministers are serious about rehabilita­tion, they should ensure prisoners are compelled to work or undertake education while inside, instead of trying to empty prisons.’

Meanwhile, Dr Marsha Scott, chief executive of Scottish Women’s Aid, said the

‘Little more than window-dressing’

Scottish Government would have to prove that women and children could be kept safe from domestic abusers under the plans.

She added: ‘Twenty-five per cent of the business of the courts is to do with domestic abuse and for those perpetrato­rs convicted who get a jail sentence, 99 per cent will be jailed for under a year.’

Alistair Bonnington, a former Honorary Professor of Law at Glasgow University, said: ‘Judges and sheriffs already know jails are overcrowde­d, so they try to avoid sending convicted persons to prison for short terms.

‘This seems to me little more than window-dressing.’

But former Deputy First Minister Lord Wallace, also an ex-Advocate General for Scotland, said: ‘A range of community-based sentences appear more likely to reduce reoffendin­g than short terms of imprisonme­nt, where effective rehabilita­tion programmes can be difficult to implement.’

Lib Dem justice spokesman Liam McArthur said: ‘Around 60 per cent of people given the shortest prison sentences reoffend within a year.’

Responding to the Tory analysis, a Scottish Government spokesman said: ‘These claims are wrong; we have set out a presumptio­n not a ban as sentencers retain the discretion to pass the most appropriat­e sentence.

‘Evidence shows that short-term imprisonme­nt is not effective and can often increase long-term offending.’

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