Henry McLeish: Prison system, especially sentences less than 6 months, doesn't work

THE presumption of no-one in prison for less than six months lies at the heart of the criminal justice reforms recommended by the prisons commission. The reasons are simple; 83 per cent of all custodial disposals in recent years have been for a period of less than six months.

Secondly, of those disposed in this way, 70-80 per cent have mental or physical health problems often linked to drug or alcohol abuse. Thirdly, this "revolving door" makes no sense; 7,000 of the custodial sentences in 2005 involved people who received a total of 45,000 prison sentences. That makes a mockery of the system and does nothing to tackle reoffending or save money. The prison system, especially sentences of six months and below, does not work.

We are not protecting the public, not cutting reoffending, not cutting reconvictions and not cutting crime. And we have one of the highest prison populations in Europe, filled up with those on short sentences.

For our changes to work, certain things have to happen.

First, I make a plea to the bench, if and when legislation is passed, to do everything in its power to change the situation by pursuing the presumption against sentences of six months or less. This is vital because they are at the sharp end.

Secondly, we need new resources. Long-term, we can transfer resources from the prison system as changes are implemented. In the transition, we need resources to make community sentences effective, to make them real in the eyes of the public.

If these reforms are legislated for, it would be a tragedy if they did not have appropriate levels of resource to kickstart them and make sure that in the eyes of Scotland, we are putting forward community sentences that have bite, provide punishment but also provide the positive outcomes that everyone desires.

I've been impressed with the government and minister's commitment, but they will have to fight hard for new resources. To move from a system that doesn't work to one that hopefully will, we need cash.