Criminal justice coalition calls for jail terms up to a year to be scrapped

Her Majesty’s Inspector of Prisons as well as penal reform charities, social workers, councils and a former judicial studies director have all called for a different approach to reduce recidivism and push down the number of people in jails.

The coalition has come together following the Scottish government’s consultation on extending the current presumption against three-month sentences, introduced in 2010.

However, it is believed the presumption is seldom adhered to, with Scotland’s prison population remaining among the highest in Western Europe.

Sheriff Frank Crowe, a former prosecutor as well as judicial studies director, said the number of people in Scottish prisons is too high and that an extension of the presumption would signal prison terms handed out under summary procedure ought to be used as a last resort.

The excessive number of prisoners was described as “unhelpful and unnecessary” by David Strang, HM Chief Inspector of Prisons for Scotland and a former senior police chief. Mr Strang said a presumption against sentences of up to a year would bring down “churn” in the prison population and cited evidence that prison was most effective with criminals who have committed severe sentences.

There are about 142 prisoners for every 100,000 citizens in Scotland according to the International Centre for Prison Studies. This compares to 100 in France, 80 in Ireland, 76 in Germany and a mere 55 in Sweden.

Lisa Mackenzie, policy and public affairs adviser for the Howard League for Penal Reform Scotland, said the Scottish government should now shift its emphasis from custody to community-based sentences.

She said: “We welcome the fact that there is an emerging consensus for extending the presumption to prison sentences of 12 months or less. The presumption against custodial sentences of three months or less has been in place for almost five years and has failed to have any significant impact on the size of Scotland’s prison population.

“Short prison sentences rarely address the causes of crime and disrupt family life, employment and housing arrangements – all factors that reduce the risk of someone reoffending on release.”

Past efforts at similar reform have been met with resistance, with opponents saying they could help people who commit sexual crimes or domestic abuse. In 2010, the SNP was forced to reduce the presumption proposals from six months to three.