The Press and Journal (Inverness, Highlands, and Islands)
Censure over sentence plan
The Scottish Government will write off around 200,000 hours of unpaid work for criminals and has been asked to consider banning sentences of 12 months or less, a leaked document suggests.
Justice Secretary Humza Yousaf has been urged to explain his actions by the Scottish Conser vatives after the contents of the confidential report by the Convention of Scottish Local Authorities ( Cosla) came to light. The report was prepared to examine the impact of Covid-19 on the justice system.
S c o tt i s h To r y leader Douglas Ross warned sentencing risked becoming a “meaningless sham” and there was a threat that public confidence in the justice system would be destroyed.
The report revealed criminals sentenced to community service have failed to complete more than 700,000 hours of unpaid work.
The document claims the Scottish Government “responded positively” to social work calls to write off a large amount of the backlog – around 30% – which amounts to 210,000 hours.
The report states: “Social Work Scotland (SWS) has estimated the backlog is approximately 700,000 hours. SWS state that some 450,000 hours will not be able to be serviced in any reasonable timeframe.
“Cosla recommended to the Scottish Government that they consider the SWS proposals believing that a reduction of around 30% of unpaid work hours would be very helpful.
“The Scott ish Government responded positively and is intending to use powers under the Coronavirus Act to allow the proposed reductions.
“The Scottish and local government are likely to need to consider a total reduction of around 60% of unpaid work hours to make the situation more manageable.”
The report also reveals one of the options presented by Community Justice Scotland ( CJS) is the “abolition” of sentences of less than a year.
It describes the proposal as “changes to legislation which remove the option of prison sentences of 12 months or less”.
The Sco t t ish Conservatives warned outlawing short sentences would have meant letting criminals walk free who were g u i l ty of crimes including homicide, attempted murder, rape/ attempted rape, violent robbery and sexual assault had a ban come into force in 2018-19.
Mr Ross said: “The huge number of unworked hours is extraordinary but behind these numbers are real people who face being cheated of justice.
“Victims will despair while criminals will rejoice. If this is not dealt with, there is a real risk sentencing will become little more than a meaningless sham and public confidence will be destroyed.”
The document also warned that if the backlog was not addressed there was a “major risk” Justice Social Work would be “overwhelmed, with serious consequences for the wider justice system and its reputation”.
A Scottish Government spokesman said: “We are not proposing a ban on sentences of a year or less.
“Following significant concerns raised by Social Work Scotland during the s u m m e r, the cabinet secretary for justice wrote to the Justice Committee to confirm that consideration was being given to whether these powers may need to be used, on a proportionate and limited basis, with regard to unpaid work.
“No decision has yet been made and any action to vary community sentences would not be taken lightly and would be subject to parliamentary scrutiny and approval.”