Controversy Reigns over Scottish Government’s Sentencing Plans

The Scottish government has revealed that 75% of offenders who are sent to prison for short periods of time are reconvicted within two years of release. An analysis by Scotland’s chief statistician covering the period 2005-2007 exposed that 74% of people sent to jail for six months or less were likely to be found guilty of another offence within 24 months.

This compared to lengthier sentences – that of 4 years or longer – which revealed a much lower reconviction rate of 24%. Justice Secretary Kenny MacAskill views such evidence as justification of plans to scrap lower custodial sentences of less than six months in an effort to break the cycle of reoffending in Scotland. He said “three out of five of those sentenced to community service have a clean record after a similar time. Short sentences simply don’t work. They are both ineffective and of no practical benefit to communities.” Alternative disposals such as Community Payback Orders, planned by ministers to replace current community services orders, are viewed by Mr MacAskill as the tool to enable offenders to repay communities and lower the likelihood of reoffending.

However, not everyone agrees with the Justice Secretary’s sentencing plans. Labour justice spokesman Richard Baker stated: “It is ludicrous to suggest that these figures justify scrapping custodial sentences for 65% of knife criminals, 71% of housebreakers and 40% of those convicted of indecent assault.” He further stated: “claims that reoffending for community sentences is lower don’t stand up to any scrutiny because those who are given custodial sentences rather than community sentences have usually already reoffended many times – they are by definition more serious criminals.” Whilst there is a general consensus that action has to be taken by the government to get people off ‘the conveyor belt of crime’, the substance of any such action remains contentious.