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Pilot sentencing scheme to be extended

15 Apr 08

Structured deferred sentence aimed at encouraging offenders to make positive changes

A pilot scheme which helps tackle the underlying causes of offending through a structured programme of support for offenders on deferred sentence, is to be extended, the Scottish Government announced today.

The structured deferred sentence (SDS) scheme, which to date has been operating in Arbroath, Forfar, Inverness, Ayr and Kilmarnock sheriff courts, is to be continued and extended to cover courts across two community justice authorities areas - Glasgow and Tayside. The total funding is £667,000 per year.

SDS provides structured social work intervention for offenders post-conviction, but before final sentencing. It is primarily aimed at offenders with underlying problems such as drug or alcohol dependency, mental health or learning difficulties or unemployment. Many of the cases involve women or young offenders. It is not used for violent, serious or sex offenders.

The disposal is only available after the preparation of a social enquiry report. Periods of deferment are usually for either three or six months. Any breaches of conditions are dealt with at the end of the deferral period. Offenders who have been through the pilot process were much less likely to be given a custodial sentence at the end of the deferral, and many were simply admonished.

Positive reviews

An evaluation of the pilot schemes to date shows that:

  • overall the schemes operated well, with good relationships with other agencies and enthusiastic SDS workers;
  • in general, practitioners were satisfied with the referral process, services available to offenders, and the ability to extend orders if required;
  • the majority of practitioners interviewed were positive about SDS, believing it filled a gap in existing court options and benefited offenders through receiving support, changing behaviour, and receiving a lesser sentence
  • almost all of the sheriffs interviewed expressed confidence in SDS because it addressed offenders' needs and could therefore potentially reduce reoffending, and they had contact with offenders after three months;
  • around a fifth of orders in Highland and Angus were not completed - lower than for community service or probation during a similar period.

Justice Secretary Kenny MacAskill said: "The schemes are now running well and are having positive effects on the root causes of offending behaviour. It is also encouraging that sheriffs have expressed confidence in them.

"These types of interventions can help an offender address underlying problems, improve employment prospects and build a sense of routine and self-esteem. This can lead to a future which is free from offending - and that is what we all want."

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