Margaret Mitchell

Although courts would retain the power to sentence as they see fit, the legislation would make it likely that criminals would face alternative methods of rehabilitation for sentences of 12 or less.

The Scottish government has outlined its belief that whilst prison remains the right place for those who pose a significant risk to public safety, there is compelling evidence that short sentences do little to rehabilitate or to reduce the likelihood of reoffending.

The government has also stated that it believes that the current rate of imprisonment in Scotland is too high, particularly in comparison to other European countries.

Scottish Legal News has previously highlighted concerns lawyers have with the proposals, including their unintended practical effects.

Speaking before the meeting, Justice Committee convener Margaret Mitchell MSP said: “This proposed change in legislation represents a significant step.

“We know that there are challenges with shorter sentences, not least the impact on the prisoner’s life and resource implications. However, we also know that people want reassurance about public safety, while victim’s concerns must also be taken into account.

“Alternatives to custody are available but the committee will be keen to explore what impact this measure will have on the availability and effectiveness of those options, if we send fewer people to prison.”

The committee’s inquiry will consider: the reasons for increasing the time limit of sentences to twelve months or less and the expected impact of this change; whether this is the correct approach or other approaches would be more appropriate, such as an expansion in the provision of community sentences; whether this policy strikes the right balance of providing rehabilitation support for the offender, providing public protection requirements and supporting and protecting victims of crime.