News In Focus
4 December 2006
Sheriffs criticise sentencing bill
The Sheriffs' Association has raised "serious concerns" about the sentencing provisions of the Scottish Executive's Custodial Sentences and Weapons Bill in written evidence to Holyrood's Justice 2 Committee.
The central thrust of the association's comments is that the bill will not achieve its stated aim of creating a transparent sentencing regime that will improve public confidence and provide transparency and certainty for victims. Clause 6(5), it says, requires the sentencing judge in specifying a custody part to ignore any period of confinement which may be necessary for the protection of the public. "That appears to suggest that risk of reoffending is not be a factor that may be taken into consideration."
The association queries whether public protection is in future to be a matter for the Parole Board and not something to be taken into account when imposing sentence, as it normally is at present. Nor is it clear, it adds, whether clause 6(5) is consistent with clause 6(2) which requires the custodial period to satisfy the requirement of deterrence.
After raising further questions the association adds:
"We think it appropriate to offer comment because we believe this will create difficulties for the judiciary, as well perhaps as for victims and the public. Although the custody part of a sentence of imprisonment will be imposed and announced at the public sentencing hearing, it will not be possible to predict or state at that time what the duration of the period that will actually be spent in prison will turn out to be or what the conditions of licence during the community part of the sentence will be.
"The only part of the sentencing process that will be in public will be this hearing. This situation would not appear to be conducive to or consistent with a policy of clarity, certainty and transparency, and it will create a difficult situation for the sentencing judge at the time of sentencing."
Others' worries
The Risk Management Authority, the Parole Board and the Scottish Prison Service have all expressed worries about carrying out some of the practical aspects of the bill.
The main concern is that the end of automatic early release will greatly expand the prison population - far beyond the number of spaces currently available.
A spokesperson for the Scottish Executive said ministers believed the new system would bring much more clarity to sentencing procedure, as the custody and community elements of the sentence would be stated in court, and that the community service part of the sentence depended on how the offender behaved while in prison.
Written submissions on the bill can be viewed at http://www.scottish.parliament.uk/business/committees/justice2/inquiries/csw/j2-csb-evid.htm .