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Justice Committee calls for views on Sentence Bill

9 Oct 06

Written submissions invited for Custodial Sentences and Weapons (Scotland) Bill

Holyrood's Justice 2 Committee is seeking views on the Custodial Sentences and Weapons (Scotland) Bill.

The bill, introduced in the parliament on 2 October, has two main purposes: replacing current automatic early release provisions with “combined” sentences, and new controls on the sale of non-domestic knives and swords.

The new combined sentences will comprise a custody and a community part applicable to all sentences of 15 days or more. There is no change proposed to the law regarding the treatment of life prisoners.

The key provisions in the bill are:

  • Sentences of 15 days or more will have a minimum of 50% spent in custody with the remainder of the sentence being spent on licence in the community
  • Courts will have the power to increase the custody part of the sentence up to 75%
  • At the end of the period of custody and following risk assessment, any cases where an offender is still regarded as a risk will be referred to the Parole Board - although it will not be able to order an offender to be detained beyond the period imposed by the court
  • Sentences of less than 15 days will now be spent entirely in custody
  • The sale of swords will be banned subject to exceptions for specified religious, cultural or sporting purposes
  • The introduction of a mandatory licensing scheme for the commercial sale of swords and non-domestic knives.

The committee is looking for written views of up to four pages from organisations and individuals on the stated purposes of the bill and on the extent to which improvements can be expected as a result of the proposed measures.

The closing date for written submissions is Tuesday 7 November 2006. The committee expects to take oral evidence on the bill from then until the end of the month.

Written evidence should be submitted by email to: CSWBill@scottish.parliament.uk, or by post to: Custodial Sentences and Weapons Bill, The Clerk to the Justice 2 Committee, Room T3.60, Scottish Parliament, Edinburgh, EH99 1SP.

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