Short sentences still being used, first figures show

Short prison sentences saw a fall, but continued to be used to a substantial extent, after the presumption against their use was extended to sentences of 12 months or less, according to initial monitoring figures just published by Scotland’s Chief Statistician.

A bulletin covering all charges disposed of in Scotland’s courts from 1 July 2019 to 31 December 2019, and including data from April 2017 to give context to any changes, shows the proportion of all disposals accounted for by custodial sentences of 12 months or less falling from 12.8% in April 2019 to 9.5% in November 2019, but that 665 sentences of 12 months or less were still imposed in November and December. 

As the extended presumption only applies to offences committed on or after 4 July 2019, the figures include relatively few offences that are subject to the presumption. However the end of the year also saw an upturn in sentences of up to three months, a presumption against which has been in force for several years. Between 200 and 250 such sentences continue to be imposed each month.

The bulletin does show that numbers of community disposals reached their highest level (since April 2017) in October 2019, when 1,841 (24%) of all disposals were community orders; and that numbers of custodial disposals have been falling since April 2019 and reached a low in November/December 2019. This was driven by a decrease in custodial disposals given to male offenders.

Click here to read the full statistical publication.