Presumption against short sentences extension welcomed

Lord Wallace of Tankerness

A former Advocate General and justice minister has praised the increase in presumption against short sentences.

Lord Wallace of Tankerness commended the Scottish government’s plans to stop using prison sentences for periods of less than 12 months.

The Liberal Democrat peer said: “This is a welcome and imaginative extension of the presumption against short sentences.

“Of course public safety is paramount, but a range of community-based sentences appear more likely to reduce re-offending than short terms of imprisonment, where effective rehabilitation programmes can be difficult to implement.”

Former First Minister Henry McLeish, who led a commission on the future of prisons in 2008, said prison was appropriate for “serious offenders” but that 60 per cent of those imprisoned for three months or less were re-convicted within one year.

He said: “Short sentences do nothing to stop reoffending in our communities and only result in offenders going in and out of prison time and time again and reoffending upon release.

“In extending the existing presumption period could be of significant help to the prison service, provide more effective and appropriate help for those who are not a threat to society and with further investment in community alternatives, help cut reoffending.”

A spokesman for the Howard League for Penal Reform added: “Sentencers, victims and the wider public need to have confidence that there are credible, properly resourced community-based disposals for those who might otherwise receive a short custodial sentence.”

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