Ministers seek further restrictions on short prison sentences

Possible further restrictions on the use of short term prison sentences have been put out to consultation today by Scottish ministers.

Justice Secretary Michael Matheson believes that the current presumption against sentences of three months or less, introduced in 2011, has had little impact on sentencing decisions. With a 60% reconviction rate within a year for those receiving such short sentences, he maintains that short term imprisonment "disrupts families and communities, and adversely affects employment opportunities and stable housing – the very things that evidence shows support desistence from offending".

The new consultation raises two main points:

• Should the current presumption against sentences of three months or less be extended and, if so, by how much?
• Is a more radical review of the presumption against short sentences and the use of short-term imprisonment including the use of remand required? For example, should we consider whether particular types of offences should never result in a custodial sentence?

It comes in the light of figures showing that in 2013-14, 29% of custodial sentences were still for three months or less, and a further 37% between three and six months. These take up considerable Scottish Prison Service resources, the paper states, and make it difficult for SPS to "invest time in the intensive rehabilitation of more serious offenders within the prison estate".

Pointing to evidence that community disposals are more effective at reducing reoffending, the paper asks for views on extending the presumption against imprisonment to thresholds of six, nine and 12 months – emphasising that it will remain a presumption only, and not a ban.

Further questions include whether more specific circumstances should be prescribed in relation to the use of short periods of imprisonment, and whether provision should be made that certain offences only result in custodial sentences in exceptional circumstances (no suggestions are made as to which offences these might be). The paper also recognises that similar issues arise from individuals being held on remand, and asks whether further legislation should direct the use of remand.

Mr Matheson commented: "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. In my view, we need to act on the evidence, be braver in our approach and take the bold action needed to tackle these ineffective sentences.

“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."

He added: "These are wide ranging and complex issues and I would like to encourage responses and views from as wide a representation of Scottish society as possible."

Click here to view the consultation. The deadline for responses is 16 December 2015.

• The consultation was launched on the day figures were published showing that the average daily Scottish prison population in 2012-13 showed a slight drop of 1% compared to the previous year, from 8,179 to 8,058. This was primarily driven by an 8% fall in the remand population, and was particularly marked for young people, where the population fell by 15% to 690. The average male population was down 1% to 7,598 for men, while the average female population decreased by 2% to 459. Click here for the full statistics.