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

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Published Date: 04 July 2009
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 sente
nce 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.

• Paul McBride is one of Scotland's leading QCs.





Page 1 of 1

  • Last Updated: 03 July 2009 9:30 PM
  • Source: The Scotsman
  • Location: Edinburgh
 
1

Glenn Quagmire,

04/07/2009 02:13:39
"• Paul McBride is one of Scotland's leading QCs."

And a Conservative party spokesman, as sadly his baw face has popped up on the 'Politics Show' a number of times.

Ask the gang victims in Ayrshire what they make of McBride and his acquaintances in court.
2

Fi,

Edinburgh 04/07/2009 04:52:02
This article isn't political, this is about law and order. As such, politicians should steer clear, and let legal cogniscente make a sensible descision.
3

famous 15,

Edinburgh 04/07/2009 09:43:25
No! The subject is not political but the Scotsman loses no opportunity to attack the SNP. The Scotsman is not political either ,just frantic.
4

,

04/07/2009 09:54:02
Comment Removed By Administrator
Reason:
5

Darien,

Panama 04/07/2009 10:31:08
"Paul McBride is one of Scotland's leading QCs."

And he's a soon to be Tory parliamentary candidate. And an ex New Labour 'advisor'.

#3 Fi: "This article isn't political"

Its not even an article, its a Tory/unionist press release.
6

Tracker,

04/07/2009 11:19:03
Violent criminals must be put behind bars for a long time. If money must be directed towards social workers and counsellors then the money should be spent mainly on dealing with the villains behind bars. Group talks on anger management etc. might be helpful, but it is no substitute for hard graft.
7

,

04/07/2009 12:15:04
Comment Removed By Administrator
Reason:
8

Tartan Bond,

04/07/2009 13:01:07
I think Paul McBride QC is trying to give MacAskill and the SNP some free legal advice here, but, MacAskill and the sub-wits that support him are to stupid to see that, or, accept the advice.
9

Tartan Bond,

04/07/2009 13:02:46
spagan # 8

You are just an empty vessel, you don't even know where to direct your bigotry. Typical SNP drone.
10

captainscarlet,

04/07/2009 16:15:37
everyone knows macaskill is a crook, so when is he going to do some real time?
11

The Saltire,

04/07/2009 16:49:29
9

Yes of course free legal advice via a "newspaper" story he couldnt have just sent him an email with his "free legal advice"?
12

,

04/07/2009 17:01:29
Comment Removed By Administrator
Reason:
13

Darien,

Panama 04/07/2009 19:23:02
Was Cathy Jamieson really ever a Minister? Surely the local community council would be a test for her.

Does Annabel know what she is doing recruiting this guy? I doubt it.

The sooner Scotland moves to independence the better.
14

Jock Tamson,

Scotland, Caledonia, Alba 04/07/2009 19:39:46
The prison system can be very interesting from time to time. Perhaps it should be viewed more frequently from the outside - so to speak.

My opinion is that if there ever was a civilian institution that required militarising it is the prison institution.

Much more subtle than the square bashing and boot bulling is the man management. To keep the post short I would suggest the rotation of long and medium term prisoners on a regular basis as a means of preventing them establishing themselves in a hierarchical social system. If that causes travel problems for their loved ones coming to visit then tough.

Portacabin accommodation is good enough for construction workers (for more than 6 months) and should be considered as a cheap method for housing short term offenders - in a barrack style environment with a spot of social training as a part of the induction.
15

Jock Tamson,

Scotland, Caledonia, Alba 04/07/2009 19:50:31
re 15. Rotation on an irregular basis and as frequent as required.

This should be EU wide so as to minimise familiarity with customs and culture whenever the inmate is "posted".
16

Jock Tamson,

Scotland, Caledonia, Alba 04/07/2009 19:56:31
re 15 &16. I am sure there are many current incarcerations who could do a good job behind the lines in Afghanistan.

Why not give them a chance they cannot refuse?
17

Tartan Bond,

04/07/2009 20:59:01
spagan # 13

The SNP had 8 years to plan for what they would do when they achieved power. Eight years of sniping and carping and still they don't have a clue now they are where they are.
The reason that Salmond seems to have got away with it so far, is that no one believed a word of what said anyway and voted against the grain for a bit of fun.
Now businesses, like Diageo, are restructuring because of the Salmond influence and the joke is getting old and costing jobs.
18

Tartan Bond,

04/07/2009 21:02:23
Jock Tamson # 17

The British Army does not want conscripts and they certainly don't want the dross from Salmond's failed Scottish penal experiments.
You volunteer if you are up to it, don't try to hobble UK forces with losers from your small town.
19

Jock Tamson,

Scotland, Caledonia, Alba 04/07/2009 22:13:45
Bond, Tartan Bond. You know nothing. Ever been in the armed forces yourself?
20

Jock Tamson,

Scotland, Caledonia, Alba 04/07/2009 22:17:55
Bond, Tartan Bond, you know nothing. Ever lived in construction camp accommodation yourself?
21

Danric,

Glasgow 05/07/2009 13:12:23
Re Jail Sentence

I lost my son in car accident- he was passenger-
Driver was sentenced to 2 years in court room-
released after 7 months-
My son value of life is now 7months-what garbage is the justice system.
I have met Justice Secretary and spoke my mind- waste of time - as expexted-
If sentence is less than a certain length would u beleive it is automaticaly halved- its the law-
what a waste of judge and jury and public expense.
U cannot immagine the anger victims of crime have in them, bacause of the justice sysyem
danric
www.neveraway.co.uk for bereaved parents
www.yourbaddriving.co.uk for drivers
22

bluehead,

edinburgh 05/07/2009 13:13:08
MacCrackers should get thirty days for what he is trying to do,and as for the booze pricing does he think that, that will affect the hardened drinker,?
MacCrackers goes the same way as all politicians by making the innocent majority suffer for guilty minority
this has been politics since time began!!!
MacCrackers should sit down and have a couple of glasses of red biddy followed up with a flagon of strong cider!!
who knows ?he might even sound as if he was a sensible chap .

 

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