Custodial sentences for periods of 12 months or less fall to new low

Humza Yousaf

The scheme – which the Scottish government has named ‘PASS’ – resulted in the lowest number of custodial sentences in November and December of 2019 since April 2017, at 665.

The proportion of all disposals accounted for by custodial sentences of 12 months or less fell from 12.8 per cent in April 2019 to 9.5 per cent in November 2019

While only a small number of offences that would be subject to the extended presumption have been disposed by the courts in the period covered by the publication, future publications will provide more detailed analysis.

Scottish Legal News reported last year that extending the presumption against short sentences would have unintended consequences by affecting sentences of up to 18 months in some cases, following which the issue was raised at Holyrood’s Justice Committee.

Justice Secretary Humza Yousaf said: “Although very early days, we are beginning to see a modest reduction in our prison population. This data suggests our penal reforms are having a positive impact - reducing the number of short custodial sentences and encouraging the use of more effective community disposals – although it is too early to directly attribute changes in sentencing to the extended presumption.

“Custody remains the right place for those who commit the most serious crimes and who clearly pose a risk of harm to the public and I want to ensure Scotland’s hard-working prison workers have the capacity to focus on work to rehabilitate these individuals. That requires fewer people to be caught in the revolving door of short-term prison sentences, which benefits no-one.

“Short sentences disrupt many of the things we know are most likely to help reduce reoffending such as housing, employment, family relationships and access to health care and support. People undertaking community sentences have told me directly of the positive impact it is having in helping them to turn their lives around and to contribute to their families and to society.

“I value the work of Scotland’s community justice teams whose dedicated approach, including over the winter months, helps ensure reconviction rates remain at a record low. Our draft budget includes increased investment, now at more than £117 million, to bolster community justice services – driving improvement and building on the impact of our sustained focus on effective interventions.”