Justice Committee votes down short sentence ban
12 Nov 09
MSPs reject bill's measure scrapping sentences of six months or less
The Scottish Government's proposal to end short-term prison sentences in Scotland suffered a setback yesterday with a defeat in Holyrood’s Justice Committee.
The committee rejected the provision in the Criminal Justice and Licensing Bill that would have scrapped jail terms of six months or less in favour of community service, on the casting vote of convener Bill Aitken (Conservative).
However, the committee backed the general principles of the bill, and it will now proceed through the Scottish Parliament.
Concerns
Concerns over a funding gap for community sentences, which could be as high as £55 million, led to the rejection.
The prison service has claimed the move would not bring substantial savings, while councils have warned of big increases in costs for social services.
Despite the committee's conclusions, Justice Secretary Kenny MacAskill said he believed more and more people agreed with the Government's position on short sentencing.
"They do nothing to stop offending behaviour, and the report itself acknowledges that short sentences have limited effect as a deterrent," he said.
"It is clear that more and more people are agreeing with the Scottish government's position and we will continue to work to build on that growing consensus as the bill progresses through the parliamentary process."
Support
Ministers hope the sentencing measure will pass in the full Parliament with the support of the Liberal Democrats and Greens. Labour and the Conservatives are opposed.
Other measures in the bill target people who direct organised crime, with sentences of up to 14 years, repealing the law that allows spouses to avoid giving evidence against their partner, and raising the age of criminal responsibility from eight to 12.
Welcoming the approval of the bill, Sacro, the community justice charity, reaffirmed its support for the proposal that sentences of six months or less should only be used in exceptional circumstances and “only where the court considers that no other method of dealing with the person is appropriate”.
It added: "The vast majority of evidence points to community sentences being more effective than short term custodial sentences.
"However, we fully realise it is only by ensuring that the new community payback order (CPO) is a robust and effective sentence that it will win the support of sentencers and the public. The proposed CPO has the potential to be a very effective sanction but it must be given the resources required to ensure CPOs are carried out quickly and robustly."
Click here to read the committee's full report.