Scandal of the criminals who are ‘punished’ with soft jobs
SOARING numbers of offenders, including thugs, vandals, drug abusers and shoplifters, have been spared court appearances and criminal records under a ‘soft-touch’ scheme.
Instead, lawbreakers – and repeat offenders – have the option of decorating, gardening or helping in a charity shop.
New Scottish Government figures show the number of Fiscal Work Orders (FWOs) has risen by 76 per cent from 508 to 894 – and one in seven offenders fails to complete them.
The crime relating to the FWO is kept on file but no fine is levied or other legal action taken.
Someone caught with a small amount of cannabis could complete their FWO – of as little as ten hours – over two weekends.
Last night, Scottish Tory justice spokesman Liam Kerr said: ‘The steep rise in FWOs is particularly worrying, especially as one in seven is not completed. Criminals and victims will see that the increased use and lack of enforcement on FWOs is no punishment and no deterrent.’
The nationwide roll-out of FWOs was disclosed by Justice Secretary Michael Matheson in April 2015.
There were concerns that the initiative – flouted by scores of participants during pilot schemes – represented a further softening of the justice system.
FWOs are intended to be imposed on less serious offenders who would be unable to pay a fine, and are one of a number of options known as ‘direct measures’ to ease pressure on overstretched courts, including fiscal fines and warning letters.
FWOs are offered to offenders for crimes such as assault, theft and breach of the peace. Scottish Government figures show the number of FWOs issued rose from 508 to 894 between 2015-16 and 2016-17.
Of the 894 orders, 136 were not successfully completed – about 15 per cent, or one in seven.
A Scottish Government evaluation of trial schemes, published in 2011, noted: ‘In one pilot, staff said many people seemed to get ten hours for minor possession [of cannabis] which added up to just two weekends. Some participants had mentioned that they saw this as easier than paying a fine and not a deterrent.’
There is a presumption in favour of prosecution for any individuals who refuse an FWO.
Prosecutors insist FWOs are issued for drug possession only when the street value is small, and for assault when there are only minor or no injuries.
The Crown Office said: ‘FWOs are an immediate and effective alternative to prosecution and will be used appropriately, based on the facts and circumstances of the individual case.’
Meanwhile, Scottish Government figures show the number of people escaping prosecution for minor offences rose to 1,980 last year from 958 in 2010-11.
They were referred to social work teams as part of the ‘diversion from prosecution’ scheme.
And fewer than half (44.1 per cent) of drug treatment and testing orders were completed in 2016-17, down from 54.8 per cent in 2014-15.