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Custodial Sentences Bill passed

16 Mar 07

Arguments continue over public safety

The Executive's Custodial Sentences and Weapons Bill passed its stage 3 vote in the Scottish Parliament yesterday.

By 89 votes to 23 MSPs approved the measure, which aims to reduce reoffending and boost public safety.

The bill will introduce a risk-based sentencing management regime to replace the automatic, unconditional early release of prisoners. Controversy has centred on whether the new regime will make any difference to prisoners serving shorter sentences, given the limited opportunity for them to be assessed prior to release, and on the pressure on prison places since an estimated 1,100 more places will be needed as a result of the bill.

The legislation will also ban the general sale of swords, with exceptions for legitimate religious, cultural and sporting purposes, and introduce a wider licensing scheme for retailers selling non-domestic knives.

Justice Minister Cathy Jamieson said: "This bill completes the delivery of our five-point plan on knife crime - with stronger arrest powers, tougher sentences for knife-carrying and an increase in the minimum purchase age for non-domestic knives already in place...

"The other part of this bill, to end automatic, unconditional early release, builds directly upon the reforms of the Management of Offenders Act, passed by Parliament in November 2005. Reforms to reduce the revolving door of reoffending."

She added that under the new regime, it would be clear to prisoners that their behaviour could determine when they were released, and they would know that the part of their sentence to be served in the community, would be under strict licence conditions.

For the Conservatives Bill Aitken said that the Executive had lost a great opportunity to stand up for victims of crime and that early release would now mean earlier release in most cases.

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