New 'tough' community sentence - but first criminal can't even be bothered to turn up

Lawrence Winters was back behind bars after failing to turn up for even an introductory meeting for his community payback order (CPO).

The 39-year-old had 98 previous convictions when he avoided jail last month after a sheriff said he could not impose a short sentence. He was placed on the controversial new scheme despite Sheriff William Summers telling him he had the worst record he had ever seen.

Opposition parties last night claimed that criminals are "laughing" at the justice system.

Tory justice spokesman John Lamont said: "The fact is the SNP Government, backed by the Lib Dems, has now put in practice plans that will empty our jails and stop people who should be behind bars from doing time.

"Amongst those who will now be spared jail and qualify for so-called community payback are a fourth-time drunk and disqualified driver, a knife carrier, someone guilty of domestic violence and a small-time drug pusher - all with previous convictions.

"We want community-based sentences to be tough, fast and effective. Thanks to the Scottish Lib Dems and SNP they are not - and people like Lawrence Winters are laughing at us. The fact he has breached the order is a total and utter humiliation for the SNP."

The Scottish Government, backed by the Lib Dems, pushed through legislation which introduced a presumption against jailing offenders for less than three months.

Justice Secretary Kenny MacAskill pledged that "tough manual labour" would work better for low-level criminals than prison.

The Tories are now pledging to repeal this measure if they take power in the next parliament.

Winters's record has 160 separate charges including numerous assaults, thefts, and breaches of the peace.

A Scottish Government spokesman said: "Community payback is a tough option for low level offenders to work and pay their dues back to the community - and if any offender steps out of line and breaches the strict restrictions in place, they are apprehended by law enforcement agencies and taken into custody.

"The facts are clear - three- quarters of low-level offenders given a short-term prison sentence reoffend within two years of getting out, whereas in direct comparison, three out of five given a tough community sentence do not. That is why this is a policy approach also being pursued by the UK government south of the Border."

Winters was remanded in custody after failing to give any explanation for failing to attend the meeting ten days after the order was imposed on 4 February.He also claimed he had missed other meetings - on 21 and 23 February - due to having a heart attack, a road traffic accident, and an epileptic seizure.

He formally denied breaching the order and said he had documentation at home which would help prove he had been unable to attend.

However, Sheriff William Summers - who imposed the groundbreaking order - said he believed Winters posed a significant risk of committing more offences and remanded him in custody.

Sheriff Summers told Perth Sheriff Court: "No explanation is given for the very first failure to attend. What is his explanation for failing to appear at the induction and interview on 14 February?

"It seems clear there has been, to at least some extent, a breach of this order. I will refuse bail."

MacAskill's past praise for CPOs

"We need to end the ridiculous situation where a low-level offender gets free bed and board at the taxpayers' expense when the evidence shows that getting them out, paying back the community through tough manual labour, works far better"

"These will enable offenders to pay back to the communities they have offended against and make the offender less likely to offend again"

"This is making our communities safer"

"All the evidence shows that getting offenders out doing some manual labour in the community works far better than short-term prison sentences and actually stops them committing further crimes"