Tag: justice system

Burnham blocks hundreds more criminals from sentencing changes

PRIME MINISTER BOWS TO PUBLIC PRESSURE

Unlawful killing and historic child sex offences will be blocked from upcoming changes to prison sentences after the Prime Minister ordered more serious offenders to be kept behind bars for longer

  • Prime Minister blocks manslaughter, death by drunk or dangerous driving and historic child sex offences from sentencing changes  
  • Builds on action to keep those in prison for rape, child sex or grooming offences behind bars
  • Victims of domestic violence will be better protected from perpetrators, with record numbers of offenders set to leave prison tagged and the new restriction zones put in place, some as little as a few miles wide, for some sexual and violent offenders
  • The government will deport thousands of foreign criminals and bring the injustice of IPP sentences to an end during this Parliament 

Unlawful killing and historic child sex offences will be blocked from upcoming changes to prison sentences after the Prime Minister ordered more serious offenders to be kept behind bars for longer. 

The Prime Minister’s intervention will mean offenders in prison for killing an emergency worker in the line of duty will not be released any earlier. Historic grooming offences, all forms of manslaughter, death by dangerous driving and causing or allowing the death of a child will also be barred from the changes to the prison sentences.

This builds on the action already taken by the Prime Minister and Lord Chancellor to stop anyone in prison for rape, serious child sexual offences and grooming from being released earlier. Murderers or anyone deemed the most dangerous by a court and handed a life or extended sentence were already blocked from seeing any reduction to their sentence and will stay locked up until they go before a Parole Board.

As a result of these changes today, hundreds more victims will no longer face the anxiety of seeing their offender coming out sooner than they were expecting.

Since coming into office, the Prime Minister and Lord Chancellor have made significant changes to the plans they inherited. They want to go even further, but cannot do so without risking the entire justice system collapsing. This would mean the police would be unable to make arrests, the courts would stop sending criminals to jail and criminals would be left unchecked on our streets.

Prime Minister Andy Burnham said:  ”I know how strongly people feel about this issue. I understand the concern and anger because I share it. That’s why I took action during my first weeks as Prime Minister to block some of the very worst in society being released before they should. We moved quickly to block vile criminals who commit rape, sexually abuse children and groom vulnerable young people.

“But I always said I wanted to do more. We will now not only be keeping offenders serving time for indecent assault locked up, but also those in prison for manslaughter and death by dangerous driving. This means that the awful criminals responsible for the killing of PC Andrew Harper will not have their sentence shortened.

“The truth is I wanted to go even further. But I’ve pushed the system to the very limits of what’s possible without risking the prison system collapsing within months, putting the public at enormous risk.

“To protect victims, we will be introducing the toughest ever supervision measures for offenders, which effectively mean that someone’s sentence will not end when they leave prison.

“This includes tagging offenders and, for the very first time ever, putting restriction zones in place to stop offenders getting anywhere near their victims.”

The Prime Minister has also announced that he will end the injustice of Imprisonment for Public Protection sentences this Parliament, meaning people will no longer be trapped indefinitely under a sentence abolished more than a decade ago.

This decision recognises how deeply unjust it is that some offenders who have been locked up for nearly twenty years remain in prison, despite serving their sentence many times over, whereas many serious criminals convicted in recent years could have their jail time cut. While work on this will begin immediately, and on a cross-party basis, it will take time to get this right and balance fairness with public safety.

This is just one part of the government’s plan for a fairer justice system, looking at how some people can be punished more effectively outside prison – freeing up cells for those who pose the greatest risk to the public.  

This will include considering how to safely reduce the number of and young offenders and women in custody, in particular those who are pregnant or have young children.

Powers will also be implemented early next year to deport some foreign criminals immediately after sentencing, blocking them from ever returning to the country, while keeping those in prison for the most serious crimes locked up for a substantial period before they are removed.

Justice Secretary Alex Norris said:  ”The Prime Minister and I have rightly looked again at these reforms and we are clear that people responsible for taking a life, or for appalling crimes against children, should be kept behind bars for longer.    

“But protecting the public also means fixing the prison system for good. We will build the cells we need, put offenders under much tougher controls when they leave prison and end the historic injustice of IPP sentences.   

“This is a government running towards problems and not shying away from the tough decisions needed to build a justice system that is firm, fair and protects the public.”

The Prime Minister and Lord Chancellor have also insisted that victims must remain at the centre of the justice system, with survivors of domestic abuse seeing offenders put under some of the toughest restrictions to date.

This includes a presumption that all prison leavers will be tagged and imposing possible bans on pubs and public events.

Perpetrators could also be confined to a specific area – some just a few miles wide – giving victims greater freedom to live their lives. In a world first, new ‘restriction zones’, which have been directly shaped by the experiences and campaigning of victims, will limit the movement of some sexual and violent offenders, with victims having a say in how zones are drawn up.

Victims advocates Hetti Barkworth-Nanton CBE, chair of Refuge, Frank Mullane MBE, CEO of Advocacy After Fatal Domestic Abuse, and Jo Early, chief executive of Support after Murder and Manslaughter, said: “We welcome the Prime Minister’s decision to exclude all manslaughter cases from the early release scheme.

“The original sentence lengths for these offences were, in part, intended to protect the public. The problem of prison capacity does not alter that underlying need for public protection.

“Therefore, making manslaughter offenders eligible for early release would risk undermining a key purpose of their sentences and could represent a significant compromise to public protection. This also re-assures families bereaved by homicide that they are not being asked to trade justice so prison overcrowding can be resolved.

The government says it inherited a prison system on the brink of collapse with fewer than 100 spaces left in the summer of 2024. 

A lack of investment in the prison estate with just 500 net places added for over a decade has led to a situation where adult male prisons are now at 98% capacity. That is why this government is taking decisive action to fix the broken prison system for good.  

Under this government, more than 3,200 prison places have already been built, with 14,000 expected by 2031 under the largest prison build expansion since the Victorian era.

The Westminster government says the Sentencing Act will restore order to the prison system and make sure we have cells available for dangerous criminals.

They say that, alongside record prison building, the reforms will put prisons on a sustainable footing and end the cycle of emergency release measures used before July 2024 when prisons repeatedly came close to running out of space.  

Rise in serious cases strengthens need for criminal justice reform

The Scottish Government and its partners have made progress in cutting the criminal courts backlog and modernising justice services – but risks remain to delivering much needed reforms.

There were around 13,268 outstanding scheduled trials at the end of 2025/26 – around a third of the number of the backlog’s peak in 2022. However, a rise in complex cases, such as historic sexual abuse and organised crime, has led to high levels of backlogs for courts dealing with the most serious issues. Outstanding scheduled High Court trials rose to 1,002 at the end of 2025/26 – almost three times pre-pandemic levels. This is creating pressures across the system.

The Scottish Government has published a delivery plan for modernising the criminal justice system. There has been mixed progress with projects designed to improve efficiency, with some delayed or still to start. There has also been limited evaluation and public reporting on progress, making it difficult to know what impact projects are having.

The Scottish Government and its partners have improved how they engage with people who use court services. But services users are not actively involved in work to make the system more efficient.

Stephen Boyle, Auditor General for Scotland, said: “Criminal court business has changed significantly. The overall number of outstanding trials has reduced considerably since 2022. But the rise in serious, resource-intensive cases in recent years is impacting on the High Court backlog and the wider justice system.

“The Scottish Government and its partners have set out how efficiencies will be delivered. But their planned modernisation projects must be supported by more robust delivery arrangements, clarity on the resources required, and effective collaboration.”

Scotland’s approach to prisons ‘needs fundamental reform’

Commission publishes recommendations for a fairer and more effective justice system

Scotland must rethink its approach to sentencing and imprisonment according to the independent Sentencing and Penal Policy Commission.

The Commission’s report highlights that Scotland consistently has one of the highest prison population rates in Western Europe and without significant reform, the current justice system is neither sustainable nor effective. 

Following its year-long review, the independent Commission has made a broad range of recommendations including:

  • Acting early to resolve lower-level issues without going to court and increasing the use of alternatives so people can access support before offending escalates. This also shortens delays and improves how victims experience the justice system
  • Prohibiting ineffective short custodial sentences under 12 months and instead promoting more effective community-based approaches to prevent reoffending and support rehabilitation
  • Increasing the use of higher quality community sentences with greater flexibility, use of technology, unpaid work opportunities and more discretion for social workers
  • Improving rehabilitation in prison and releasing long term prisoners at two thirds of their sentence with increased supervision and support in the community to help them build new, crime-free lives
  • Long-term planning to realise the ambition of reducing the prison population to a level in keeping with the European average which would be around 5,775 prisoners in Scotland

Commission Chair Martyn Evans said: “This is a critical moment for Scotland, with a record high prison population and a Justice system under pressure. It is time for that to change. Our Commission report sets out ambitious recommendations to deliver system-wide reform.

“Prison should be for serious and dangerous offenders, not for people who need help, support or simply a second chance. We need to choose a different path – one that uses imprisonment more wisely, reduces reoffending and strengthens community responses.

“Our report addresses the full journey through the justice system, from prevention and early intervention through to sentencing, rehabilitation and reintegration into communities. At every stage, our focus has been on what works to rehabilitate and reduce harm, improve lives and strengthen public safety. 

“We have listened carefully to the victims and survivors of crime who want to feel safe in their homes and their communities. Reducing reoffending and preventing crime is the surest way to achieve that goal. Our report also considers the need for victims to have clear information, trauma-informed support and protective measures like non-harassment orders, where appropriate.

“Our report sets out key areas where the next Scottish Government and Scottish Parliament will need to focus on delivering change and investing in solutions. Courage is needed for fundamental reform, not simply to continue coping with a crisis.

“By transforming our justice system, we can create a fairer and more effective society for all of us.”

Justice that works: Report of the Scottish Sentencing and Penal Policy Commission. 

Creating a National Care Service

Community engagement funding to ensure groups are heard

Third sector organisations are being awarded new funding to help ensure as many voices as possible are contributing to the design of the National Care Service.

The funding will facilitate contributions from minority ethnic communities, LGBTI people, children and young people and those with experience of homelessness or the justice system.

Organisations will each receive £5,000 to encourage the communities they work with to have their say on how future community healthcare and social work services should look.

Social Care Minister Maree Todd said: “As we build a National Care Service that best fits the needs of everyone in Scotland, we need to hear from people directly.

“The new National Care Service will set the standards and guidance to support the design and delivery of community healthcare and social work services locally.

“The complexities of getting this right should not be underestimated. People with experience of the current system, whether receiving health and care support or delivering it, are the experts. We need to hear those voices – and those of groups who are often overlooked.

“We know that minority ethnic communities, LGBTI people, children and young people and those with experience of homelessness or the justice system are under-represented in our co-design work to date. We also know that people affected by dementia are a key group we want to hear more from and we will benefit from partnering with an organisation with expertise in this area.

“I am confident the funding to support co-design activity with seldom heard communities will help us shape a system we can all benefit from and be proud of.”

The partner organisations are:

  • LGBT Health and Wellbeing
  • Minority Ethnic Carers of People Project (MECOPP)
  • The Simon Community
  • Scottish Association for the Care and Resettlement of offenders (SACRO) 
  • Alzheimer Scotland

Understanding women’s experience of justice

‘Reducing re-traumatisation will promote equality’ – report

Work to reduce the re-traumatisation of victims and witnesses of crime will help promote equality in Scotland’s justice system, according to some of the most senior women leaders in the sector.

Solicitor General Ruth Charteris KC, Chief Superintendent Hilary Sloan from Police Scotland and Jen Ang of the Scottish Women’s Rights Centre are among eight co-authors of an independent report that aims to help give policy-makers and agencies a clearer understanding of how women’s experiences of justice differs from men and what can be done to improve those experiences.

Commissioned through the Women in Justice Leadership Panel, the report brings together evidence gathered from across Scotland’s justice system. Its findings conclude that supporting women in ways which met their individual needs could have a powerful impact of on their perception of justice – leading to greater trust in the system.  

The conclusions back Scottish Government-funded work already underway to embed trauma-informed practice across the justice system – a key aim of the Victims, Witnesses and Justice Reform (Scotland) Bill.

The report is being shared with the National Advisory Council on Women and Girls, which advises the First Minister on how to tackle gender inequality in Scotland.  

Minister for Victims and Community Safety Siobhian Brown said: “I am grateful to the senior female leaders in Scotland’s justice sector who have taken the time to examine the system in the round.

“Their report puts forward the case for policy-making within justice that reflects women’s various social identities, such as race, disability or religion, so that their experiences can be improved.

“I thank everyone who contributed to the report, since it is their specialist knowledge and testimonies which have provided a clear and unambiguous foundation to inform and influence key justice partners and beyond.

“The conclusions are owned by the Panel members, who will use their influence and positions to effect change. These findings will help the Scottish Government change and deliver a justice sector which is truly responsive to the needs of women and girls.”

Read ’The Case for Gendered and Intersectional Approaches to Justice’ 

Victims’ consultation launches

Putting people at the heart of the justice system

A consultation on improving victims’ experiences of the justice system, with a particular focus on sexual offences, has opened.

It takes forward the work of the Victims Taskforce and Programme for Government commitments to establish a Victims’ Commissioner, introduce a statutory right to anonymity for complainers in sexual offence cases and carefully consider the recommendations from Lady Dorrian’s Review into the management of sexual offence cases.

The 12 week consultation is part of a wide-ranging programme of work to transform the justice system and deliver the Scottish Government’s new Vision for Justice in Scotland.

Justice Secretary Keith Brown said: “The Scottish Government recognises that the justice system can be distressing and re-traumatising for those who come into contact with it. We are committed to improving victims’ experiences of the system by putting them at its centre.

“This consultation explores how to do this by making the justice system more trauma informed and person centred.

“It is an important part of far-reaching and ambitious plans to bring about transformational change necessary to ensure our justice system is trusted, modern, smart and effective.

“We will continue to take an open and collaborative approach to achieve this aim, and this consultation will seek to capture the views of legal professionals, the third sector and those with experience of the system.”

A ‘bold new vision’ for Scottish justice

A vision to transform Scotland’s justice sector through the COVID-19 recovery period and beyond has been published.

The new strategy will enshrine key priorities – making sure victims voices are heard, placing women and children at the heart of service delivery and reassessing the role that prisons and the use of imprisonment should play.

Specifically:

  • Victims will take a more prominent role in cases, experience fewer delays and be supported in their recovery. A Victims’ Commissioner will be appointed and there will be increased use of pre-recorded evidence. Restorative Justice services will also be made available across Scotland by 2023.
  • As well as an ambition to prevent Violence Against Women and Girls by tackling societal attitudes of misogyny and gender inequality, the vision prioritises systemic changes to improve the experiences of women and children building on the recommendations of Lady Dorrian’s report on the Management of Sexual Offences and ensuring access to Bairns’ Hoose for every child victim or witness who needs it.
  • Prison will always be needed for the most serious offences to ensure safety, but with evidence demonstrating community interventions are more effective than short prison sentences at reducing reoffending, the strategy seeks to reduce the need for imprisonment through early intervention and providing greater access to community justice alternatives. 

The vision will be underpinned by a requirement for the whole sector to ensure people are treated with empathy and kindness, for example by avoiding additional trauma by having to retell their stories.

The plan also enshrines the need for collaborative work across public services to improve outcomes for individuals, focussing on prevention and early intervention.

Justice Secretary Keith Brown said: “This bold new vision will deliver a just, safe, and resilient sector with the needs of victims very firmly at its centre.

“Transforming the way we view and deliver justice in Scotland will ensure we properly support the most vulnerable in our society, creating a fair system that fulfils and meets the human rights of all who use it.

“This strategic blueprint sets out key priority areas including improving the experience of women and girls in a justice system historically designed by men, taking forward reform to address inequalities. It also stresses the need for a fresh look at the use of custody and firmly puts victims and the needs of victims at its centre.

“Underpinning this, the vision makes clear the need for services to be person centred and trauma informed to avoid re-traumatising people as they journey through the system. And, fundamentally, it stresses the importance of holistic early interventions that leverage the whole of government and public services to reduce offending and the causes of offending at the outset.

“I am determined to drive change and deliver better outcomes through our public services and this new framework envisions the best way to do that. We can and will deliver justice services which meet the needs of modern Scottish society.”

vision-justice-scotland-2022Download

Scottish Government sets up new Women’s Justice Leadership Panel

Experts to assess needs of women in the justice system

Gender inequality and improving women’s experiences within the justice system will be addressed by a new Scottish Government panel.

Members will examine the experiences of women as both victims and offenders in a range of settings including policing, community justice, criminal and civil courts, tribunals and prisons.

The Women’s Justice Leadership Panel, which met for the first time yesterday, will be chaired by Community Safety Minister Ash Regan.

Membership includes Solicitor General Ruth Charteris QC, academics and representatives from the Scottish Prison Service, Police Scotland, Community Justice Scotland, the Scottish Women’s Rights Centre and the Centre for Women’s Justice.

Key issues for the panel include:

  • how women experience the Scottish justice system differently from men, in what ways their needs are not being met and how it impacts on them
  • international and UK examples where women’s needs are more appropriately met
  • how to address under-representation of women in senior leadership roles and how this impacts on the culture in justice organisations

Ms Regan said: “The Scottish justice system needs to evolve to ensure it serves the needs of women. For example, issues like the impact of caring responsibilities on women or the blurred line between victimisation and offender status are issues which could be understood better.

“Some significant improvements have been made, but often changes are piecemeal and do not provide the fundamental reform needed to embed women’s rights.

“We need to develop a better picture of the evidence to demonstrate how the experience of the justice system differs depending on gender and promote a consistent understanding of the impact of this on women.  This will help us deliver better outcomes for women and reflect expectations of what a modern justice system should look like.”

The membership of the panel comprises:

Ash Regan – Minister for Community Safety (Chair)

Ruth Charteris QC – Solicitor General

Jacqueline Clinton – Scottish Prisons Service

Ch Supt Linda Jones – Police Scotland

Rose McConnachie – Head of learning, development and innovation at Community Justice Scotland

Jen Ang – Director of Development and Policy Scottish Women’s Right Centre/Just Right

Harriet Wistrich – Director, Centre for Women’s Justice

Professor Vanessa Munro – University of Warwick, School of Law

Mariam Ahmed – Co-Chief Executive Officer for Amina Muslim Women’s Resource Centre