Scotland must rethink 'ineffective' two-year prison sentences, report warns

Key Points

Scotland’s criminal justice system ‘neither sustainable nor effective’
Call to prohibit ‘ineffective short custodial sentences under 12 months’
Judges should be required to provide reasons why a prison sentence is only option
Increase in the use of higher-quality community sentences recommended
Scotland consistently has one of the highest prison population rates in Western Europe

Scotland must rethink its “unsustainable and ineffective” criminal justice system, a report has warned.

The Independent Scottish Sentencing and Penal Policy Commission has called for significant reform, including discouraging judges from issuing prison sentences of less than two years.

Under the current policy, judges are discouraged from issuing custodial sentences of less than a year.

The Scottish prison population reached a record high of 8,431 in November, and as of Tuesday, it stood at 8,301 despite the early release scheme.

The report also highlights that Scotland consistently has one of the highest prison population rates in Western Europe.

Recommendations

Following the year-long review, the independent commission has recommended a number of measures, including prohibiting custodial sentences of less than 12 months and promoting community-based approaches, and acting early to resolve lower-level issues without going to court

The report also states that improvements should be made to rehabilitation in prison, with long-term prisoners released at two-thirds of their sentence and increased supervision and support in the community.

Scotland

Scottish Government plans to reduce release point for short-term prisoners

In an announcement to MSPs on Tuesday, Angela Constance said the proposal is to ease pressure on Scotland’s prisons

The commission recommends an increase in the use of higher-quality community sentences with greater flexibility, the use of technology and unpaid work opportunities.

Judges should also be required to provide their reasons for why a prison sentence is the only way to deal with the specific offence under the proposals.

The report states: “Extend the presumption against short sentences to 24 months.

“When passing a sentence of fewer than 24 months, members of the judiciary should provide a written note of all the available alternatives considered, and why, bearing in mind the particular facts and circumstances of the case, no other method of dealing with the person was appropriate.

“Data on the reasons provided should be gathered in a format that is amenable to systematic collation and analysis.”

It is also recommended that only those with a prospect of being sent to jail upon conviction for more than two years should be held on remand.

Around a quarter of the country’s prison population is on remand.

The report said a national “decarceration” plan should also be published within the next year to set out “clear milestones” to bring down the rate of incarceration in Scotland, along with considering the establishment of an inspectorate which will look at the “administrative performance of the criminal courts”.

It added that Scotland should work towards reducing the prison population to a level in keeping with the European average, which would be around 5,775 prisoners in Scotland.

The report comes as the justice secretary announced this week she would consult on bringing down the release point for some sentences from 40% to 30%.

Commission chair Martyn Evans described Scotland at a “critical” moment with a record prison population and justice system under pressure.

“It is time for that to change”, he said. “Our commission report sets out ambitious recommendations to deliver system-wide reform.

“Prison should be for serious and dangerous offenders, not for people who need help, support or simply a second chance. We need to choose a different path – one that uses imprisonment more wisely, reduces reoffending and strengthens community responses.

“Our report addresses the full journey through the justice system, from prevention and early intervention through to sentencing, rehabilitation and reintegration into communities. At every stage, our focus has been on what works to rehabilitate and reduce harm, improve lives and strengthen public safety.

“We have listened carefully to the victims and survivors of crime who want to feel safe in their homes and their communities. Reducing reoffending and preventing crime is the surest way to achieve that goal. Our report also considers the need for victims to have clear information, trauma-informed support and protective measures like non-harassment orders, where appropriate.

“Our report sets out key areas where the next Scottish Government and Scottish Parliament will need to focus on delivering change and investing in solutions. Courage is needed for fundamental reform, not simply to continue coping with a crisis.

“By transforming our justice system, we can create a fairer and more effective society for all of us.”

‘No silver bullet’

Justice secretary Angela Constance welcomed the report.

“The breadth of recommendations requires detailed consideration and prioritisation”, she said following its publication on Friday.

“Taking this forward will be a matter for an incoming government, with many requiring legislative change.

“Bold, collaborative action is needed to reduce reliance on custody and achieve a sustainable prison population. We are committed to taking action.

“There is no silver bullet, but these considered recommendations can help us achieve a sustainable prison population.

“We remain an outlier in prison numbers. While prison will always be necessary, we need to shift the balance to community justice, which is shown to reduce reoffending and be more cost-effective for the public purse.

“I will consider the detail of the report and set out my in-principle response to the report in a statement to Parliament next week.”

A Scottish Prison Service spokesperson said: “We welcome this important report and support the Commission’s unequivocal ambition to reduce Scotland’s prison population.

“Persistent overcrowding compromises the ability of our staff to build relationships and carry out all the important rehabilitative work essential to reducing reoffending and building the safer communities we all want to see.

“The report is clear in its findings that change is required at every stage in order to create a safer, fairer and more effective justice system.”

Debbie Adams, interim chief executive of Victim Support Scotland, said: “We thank the commission for looking at these issues in such detail and scrutiny, and welcome its potential to provide a springboard for much-needed change.

“There’s a long way to go, from vision to reality, and implementation must be carefully planned to ensure checks and balances.

“We are keen to see how provisions for all of the alternatives to entering the criminal justice system will be implemented before any wholesale change to sentencing. These must go hand in hand; otherwise, the aspirations of this review will be empty words.

“Public confidence in the criminal justice system is not high and changes of this magnitude need to be clearly communicated, including resulting evidence of reductions in re-offending.

“As always, we strive for a criminal justice system in Scotland that has victims at its heart, and this report can potentially take us a step further towards this goal.”