News In Focus

10 March 2010

Custodial sentences at highest level in a decade

Scotland's Chief Statistician has published Criminal Proceedings in Scottish Courts, 2008-09, with statistics on criminal proceedings concluded in Scottish courts during 2008-09.

The key findings of the statistics include:

  • The number of custodial sentences imposed by courts was just under 16,900, 1% up on 2007-08 and the highest figure recorded during the last 10 years.
  • The average length of custodial sentences in 2008-09 was over eight and a half months, up (5%) on the 2007-08 level and the highest figure in the last 10 years.
  • For crimes of handling an offensive weapon, average custodial sentences rose by 21% (to 263 days – over eight and a half months) and are now over double the level in 2005-06. However only 30% of people convicted of carrying an offensive weapon received a custodial sentence.
  • 89% of persons proceeded against in Scottish courts in 2008-09 were convicted. The total number convicted decreased by 6% to 125,400, a fall consistent with the principal aim of summary justice reform, that fewer cases go to court needlessly and more are dealt with by non-court actions where it is more appropriate to do so.
  • The use of financial penalties declined by 12% between 2007-08 and 2008-09 to 73,700. However the majority (59%) of all convictions still resulted in a financial penalty.
  • The number of convictions resulting in a community sentence was 17,800, 7% higher than in 2007-08.
  • The number of persons with a charge proved for lewd and indecent behaviour and for crimes against public justice rose, respectively, by 34% (to 333) and by 8% (to 8,700). There were similar increases in the number of persons prosecuted for these offences.
  • The peak age for conviction for males was 18, with 6% of 18 year old males in Scotland convicted of a crime or relevant offence on at least one occasion during 2008-09.
  • However, the statistics show an ageing offending population last year. In 2007-08, 21% of offenders were under age of 21; in 2008-09 it was 19%. In 2007-08, 43% of offenders were over the age of 30; in 2008-09 it was up to 45%.
  • 19% of offences with a charge proved in 2008-09 were committed while the offender was on bail, an increase of two percentage points from 2007-08.
  • Of the 50,400 individuals convicted at least once in 2008-09, 66% had at least one previous conviction in the previous 10 years, and 36% had more than 10.

Labour and Conservative politicians claimed that the figures showed the folly of the Scottish Government's aim of scrapping prison sentences of six months or less, but community justice charity Sacro said the continued reliance on imprisonment "is still hindering real progress in tackling reoffending".

"It is more important than ever that government presses ahead with its plans to use community payback orders over short prison sentences. Imprisonment simply does not adequately address the root causes of offending such as alcohol/drug misuse, mental health problems or lack of training/employment opportunities", Sacro commented.

To download the full Criminal proceedings in Scottish Courts, 2008-09 report, click here


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