Longer prison terms might not be the answer

Published on Friday 3 July 2009 21:42

IS THE Scottish criminal justice system a soft touch? The case for the prosecution comes in figures unearthed in a special Scotsman investigation using Freedom of Information legislation. The Scotsman can reveal that since 2003, some 334 people convicted under the category of "serious assault or attempted murder" have served sentences of less than six months.

There are over 14,000 short prison sentences handed out each year by the Scottish courts, so this represents a tiny fraction of the whole. However, most reasonable people will need some explanation of why serious criminals – even if only 60 a year – are receiving such seemingly lenient sentences. This is more than an academic debate. The Scottish Government has radical plans to end all jail sentences of six months or less. Does this mean even more dangerous criminals will be in the community rather than behind bars?

Yet this may be too crude a picture. Under Scottish law, sheriffs and judges are free do the sentencing, based on the facts of each case. This is a principle worth preserving, even if occasional mistakes are made. The only alternative is a system of mandatory sentences thought up by politicians, often as a result of public pressure. Even if such mandatory sentences – say for carrying a knife – are popular, they have potential drawbacks.

Frequently the sentence will not match the reality of the given offence, and justice will not be served. Next, as is the case in the United States, the prison population will swell to breaking point. But we all know that nearly two-thirds of prisoners in Scottish jails are reconvicted within two years of their release. Far from being a deterrent or a punishment, prison is a university for criminals. Packing yet more criminals away will only reinforce this vicious circle and not bring about a reduction incrime, which must surely remain the ultimate aim.

However, it may be worth trying to steer young, first-time and low-level offenders away from custodial sentences and into rigorous community service programmes. As well as being shaming, these would aim at genuine rehabilitation, through drug detox courses and proper skills training. This approach depends on finance and staff resources being available at local authority level to carry out the community service orders properly. Otherwise criminals would be walking the streets without proper supervision – a "soft touch" if ever there was one. With massive Treasury cuts in the offing, the practical viability of an immediate abolition of short custodial sentences may be in doubt. Justice secretary Kenny MacAskill still has work to do to build a consensus for this and to persuade John Swinney to find the cash.

Meanwhile, the fact that some individuals convicted of very serious crimes of violence are getting very modest sentences may require explanation, if only to give the public reassurance. Lord Advocate Elish Angiolini should make a statement to the Scottish Parliament after the recess.