MacAskill's move to tie sheriff's hands is nothing to do with justice

Published on Friday 3 July 2009 22:20

THESE figures show why it is important for courts to have the option to give convicted criminals short sentences.

Many of these people will have been before sheriffs many times and given other options of fines and community sentences.

The figures also show that this category of sentence includes some serious crimes for which people would expect a prison sentence to be passed.

I have to say I have never come across somebody being given six months or less for attempted murder.

You would normally be looking at eight years for that, and it would have to be an exceptional circumstance for such a lenient sentence.

If a sentence like that was handed down, even for serious assault, then the Crown should be looking at appealing against it for a longer prison term.

But it is clear that justice secretary Kenny MacAskill is wrong when he tells sheriffs that they should not give sentences of six months or less.

So what is happening now, through the law of unintended consequences, is that sheriffs are giving seven-month sentences instead, but this will only emerge in later statistics.

This is because these sorts of sentences are the only deterrent available for them.

Fiscal fines often do not get paid and there is no funding to support robust community sentences, so criminals may find they have only a couple of hours of work to do or end up having cups of tea with social workers.

Short prison sentences as sharp shocks, especially for young offenders, often work. If it is an unpleasant experience, they will not reoffend.

As these statistics show, there are some crimes, too, especially involving knives, where only a prison sentence is appropriate, but the sheriff may believe only a shorter sentence is necessary.

The real reason driving Mr MacAskill's policy is nothing to do with what is best for justice or dealing with a criminal, but because the prisons are full to bursting.

He is trying to empty our jails because they are overcrowded and hiding it behind criticism of sheriffs putting people in prison unnecessarily.

Putting somebody behind bars is actually a very hard decision and one that is never taken lightly by any sheriff, which is why most of these shorter sentences will be for people who have offended multiple times.

&#149 Paul McBride is one of Scotland's leading QCs.