Sentencing bill ends automatic early release
3 Oct 06
New measures aim to improve public safety and confidence in criminal justice system
A bill to end the current system of automatic and often unconditional early release, and ensure offenders are subject to restrictions for their entire sentence, was published today.
The Custodial Sentences and Weapons (Scotland) Bill, now introduced to the Scottish Parliament, will also impose new curbs on the sale of non-domestic knives, including a ban on the general sale of swords.
The aim of the bill is to improve public safety and confidence in the criminal justice system.
Combined sentence
The bill provides for a combined custody and community sentence that ensures all offenders serving 15 days or more will be under licence conditions when serving the community part - and face a return to jail for serious breaches of those conditions.
The custody "punishment" part must be set as a minimum 50% of the overall sentence, but could be increased by the sentencing judge or later by the Parole Board if it concludes that an offender poses a risk of serious harm to the public and should be kept in prison for longer.
Currently all offenders sentenced to less than four years spend half the term in prison and are freed at that stage regardless of their behaviour or potential risk, and in most cases without conditions.
The Management of Offenders (Scotland) etc Act 2005 ended unconditional early release for sex offenders sentenced to between six months and four years, making them subject to licence conditions and supervision after custody.
Currently offenders sentenced to four years or more may be released on licence at the halfway point of sentence if directed by the Parole Board. If not released at that stage, or later, on parole, they are released on licence automatically at the two-thirds point of their sentence.
New percentages and conditions
Under the new system, a custody-only disposal will be imposed on offenders sentenced to less than 15 days, while those serving longer sentences will do so in prison and the community. The effect of every sentence must be explained clearly in court.
The custody part must be set at a minimum 50% of the overall sentence, but may be increased to up to 75% by the judge, or up to a similar proportion by the Parole Board if it considers an offender poses a serious risk of harm to the public.
Licence conditions will be used to support offenders moving from prison into the community, as well as to manage risk. Such conditions could include a requirement to get drug or alcohol treatment, restrictions on movement and travel, being subject to electronic tagging, through to close supervision by social workers of the police.
Justice Minister Cathy Jamieson said: "We will replace the current inflexible and discredited system with one that has public safety at its heart and delivers clarity and certainty in sentencing.
"These reforms are about offenders but they are for the public. They will ensure more effective management of all prisoners in custody and on release, and better target those who continue to pose the greatest risk."
Today's bill also introduces a licensing system for retailers selling non-domestic knives and a ban on the sale of swords other than for legitimate religious, cultural and sporting purposes.
The Custodial Sentences and Weapons (Scotland) Bill and supporting documents can be viewed at:
http://www.scottish.parliament.uk/business/bills/billsInProgress/index.htm .