Committee seeks more clarity on sentence reforms

Cautious welcome by Justice 2 Committee in report on Custodial Sentences Bill

News, 22 December 2006

The ending of the automatic, unconditional early release of prisoners has been welcomed by MSPs, although further clarity on aspects of proposed sentence reforms has been called for.

In its stage 1 report on the Custodial Sentences and Weapons (Scotland) Bill the Justice 2 Committee, by majority, agreed to the general principles of the bill on the basis that further detail and clarification will be provided during the passage of the bill.

Convener David Davidson (Conservative) abstained and Socialist member Colin Fox dissented.

In its report the committee seeks a clearer explanation for the 15 day cut-off as the threshold for applying the custody/community sentence regime. Sentences shorter than 15 days must be served in full, which means that someone sentenced to up to 28 days could serve the same as, or even less than, someone with a 14 day sentence.

The committee also invites Justice Minister Cathy Jamieson to consider, in light of the evidence received, whether the bill might in fact alter sentencing practice, or have unintended consequences such as sentencers being asked to take account of the same factors twice.

It shares the apprehensions of many witnesses about whether the thresholds set by the bill will provide for the most effective targeting of resources, and seeks greater clarity about the risk assessment process and who will undertake the assessments.

Members are also concerned that the evidence suggests that for the vast majority of released prisoners, who may not pose a risk of serious harm, but who may well pose a significant risk of re-offending, the type, quality and scope of post-release support and supervision proposed is very unclear.

Nor are they wholly convinced by the different test for breach of licence and recall to custody, particularly in relation to the management of those who do not comply with licence conditions but who do not present a risk of serious harm.

Another issue raised is that the continued existence of home detention curfew as an option in the bill is likely to lead to a lack of clarity and transparency.

The reforms would end the current system under which those sentenced to up to four years in prison are released after serving half of their sentence. Instead they will be released on licence after serving between 50% and 75%, with risk assessments being carried out prior to release and more supervision and support being provided afterwards.