Scottish government launches consultation on end to short prison sentences

A consultation on strengthening the presumption against short periods of imprisonment has been launched by theScottish government.

Justice Secretary Michael Matheson has proposed outlawing short prison sentences, but has not stated what length of sentences should be scrapped.

The consultation, which begins today and will run to 16 December 2015, seeks views on whether the minimum sentence should be extended and by how much.

In June, Cyrus Tata, professor of law and criminal justice at the University of Strathclyde, said it would “be better to specify the kinds of offences that would normally be non-imprisonable”.

Professor Tata added: “If the number of months is the only tool in the box, it would need to be consistent with summary powers, currently 12 months, to have any real impact.”

Mr Matheson said today: “Prison will always be the right place for serious offenders who should be punished appropriately.”

However, he added: “Short sentences do nothing to stop reoffending in our communities and only result in offenders going in and out of prison time and time again and reoffending upon release.

“This isn’t about being ‘soft’ or ‘tough’, it is about being ‘smart’ and acting on the clear evidence in front of us.

“We must tackle the revolving door to our prisons and I believe these proposals will give greater protection to our communities, whilst helping offenders turn their lives around and become active and responsible citizens.”

Tom Halpin, chief executive of community justice charity Sacro, said: “Simply jailing offenders for a short time does nothing to rehabilitate them, nothing to challenge their behaviour and nothing to pay back to victims for the harm they have caused.

“The proposed extension to the presumption against short sentences offers a radical and progressive step for Scotland’s justice system that is needed to further reduce reoffending.”