Soft touch Scotland? Have your say on long term prison sentencing

Consultation published on changing the point of release

Individuals could spend more time under community supervision as part of their prison sentence, a consultation has proposed.

Views are being sought on changing the point of release under licence conditions for people serving a custodial sentence of four years or more, which would provide a more managed return to the community and be a proportionate way to reduce the pressure on the prison estate.

The proposals, if implemented, would not apply to those who are serving an extended sentence for violent or sexual offences.

Currently most people serving long-term sentences, unless previously recommended for parole at an earlier stage – are released under community supervision six months before the end of their sentence. Consultation proposals suggest this could be done for a third of their sentence.

This would return the position to that prior to 1 February 2016 for most long-term prisoners.

Under the proposals, those released would be subject to licence conditions, supervision, and ultimately recall to custody. The individuals would be subject to individualised risk assessment ahead of release, with licence conditions reflecting the conclusions of that assessment and being set on the recommendations of the Parole Board.

Victims would continue to have the right to receive certain information about a prisoner in their case, including their release dates, and to make representations under the Victim Notification Scheme.

Justice Secretary Angela Constance said: “Supervision is a commonly used element of custodial sentences – as part of efforts to prepare individuals nearing their return to the community to settle and ultimately to not re-offend.

“Our proposals would bring forward the point at which long-term prisoners are released so individuals spend more time under licence conditions in the community before the end of their sentence.

“Individuals would continue to serve their sentence but do so in the community under strict supervision, which can improve reintegration back into society and reduce the risk of re-offending.

“We are considering these measures to find a better balance between the time spent in custody and time supervised in the community, particularly following the recent increase in the prison population when Scotland already has one of the highest in Western Europe.

“Public safety will be paramount. Release under licence conditions means strict community supervision and specific support in place informed by robust individual risk assessments of prisoners. These measures would be introduced through legislation, requiring debate and the approval of Parliament. I invite people to share their views.”

Responses to this consultation are invited by 19 August 2024. It can be found here: [Long-term prisoner release process: consultation – Scottish Government consultations – Citizen Space]

Position Paper

[Prison population: position paper – gov.scot (www.gov.scot)]

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Toughening up community justice

New Bill will reform the community justice system in Scotland

Plans for a new community justice model, designed to create a stronger community justice system in Scotland, were published by the Scottish Government on Friday.

The Community Justice (Scotland) Bill establishes a new model for community justice which puts local delivery, partnerships and collaboration at its heart.

The Community Justice (Scotland) Bill will:

  • Place responsibility for local planning and monitoring of community justice services with a defined set of local community justice partners
  • Place duties on these community justice partners to engage in local strategic planning and be accountable for its success
  • Develop a national strategy and a performance framework in relation to community justice
  • Create a national body to provide leadership, promote innovation and provide improvement support where it is required
  • Create a focus on collaboration – including the opportunity to commission, manage or deliver services nationally where appropriate

Community Safety and Legal Affairs Minister Paul Wheelhouse said: “The Scottish Government is committed to reducing re-offending and securing better outcomes for community justice services.

“Offending is a complex problem and there are well established links between persistent offending and poverty, homelessness, addiction and mental illness. Re-offending creates victims, damages communities and wastes potential.

“We want to work in partnership with organisations and communities to reduce re-offending and to deliver better outcomes for offenders and communities.

“We have engaged extensively with stakeholders in developing this model and share their view that community justice services should be person-centred and evidence-based while making the best use of resources; all of which is reflected in today’s Bill.”

The defined set of local community justice partners includes local authorities, NHS boards, Police Scotland, Scottish Fire and Rescue Service, Health and Social Care Integration joint boards, Skills Development Scotland, Scottish Courts and Tribunals Service and Scottish Ministers in their role as the Scottish Prison Service.

Tom Halpin, Chief Executive of SACRO said: “Sacro supports the introduction of proposals contained in the Community Justice (Scotland) Bill. This provides a strong opportunity for Scotland’s community justice services to work collaboratively and deliver reduced re-offending and safer communities.

“Working through Community Planning Partnerships, where multi-agency working supports the delivery of joined up services with strong leadership and accountability, is key to transforming the lives of people who are motivated to desist from offending.

“The lived experience of people using Sacro’s services to successfully change their life tells us this Bill is critical in building a socially just and inclusive society for all of Scotland’s communities.”

Councillor Harry McGuigan, COSLA’s Spokesperson for Community Well-being said: “COSLA will study the legislation and continue to work with Scottish Ministers to ensure that the Bill enables a truly local model with improved community justice outcomes at its core.

“Reducing reoffending continues to be a priority for local government and we are working closely with the Scottish Government to ensure a smooth transition to the new model for community justice. We have supported the redesign of community justice throughout the consultation process and we welcome the introduction of this Bill.”

More funding to help reduce reoffending

man alone

Justice Secretary Michael Matheson has announced a near £1 million funding package for three leading voluntary organisations working to reduce reoffending in Scotland.

The funding will allow Apex Scotland, SACRO and Families Outside to continue to deliver a range of specialist services in 2015/16 for offenders and their families, helping to stop the cycle of reoffending.

The work of the three organisations includes targeted action to address underlying issues which fuel crime, help with employment, rehabilitation and support to ensure family links are maintained so that the children of offenders do not go down the wrong path in life.

Families Outside estimate that 27,000 children lose a parent to imprisonment each year.

Last month, the Justice Secretary announced that plans for a new women’s prison at Inverclyde will not go ahead as he wants to pursue a bolder, more ambitious approach for Scotland.

Today, Mr Matheson confirmed that a series of local engagement events will take place across the country next month to allow all those with an interest to give their views on the future of female offending as part of an on-going consultation on delivering a more radical plan for Scotland.

Speaking following a meeting with the Families Outside charity who received a 15 per cent increase in funding, Mr Matheson said: “When it comes to the justice system, we must be smarter with the choices we make and be more sophisticated in the way in which we deal with offenders in Scotland.

“We need to do everything we can to break the cycle of reoffending and end the revolving door to our prisons which sees low level offenders going in and out of prisons time and time again. Scotland can do better and we can be bolder in our approach.

“We need to look at the wider picture of offending, ensuring for example, that links to the family and community can be maintained, whilst targeted work is undertaken to address the specific issue which is fuelling the crime such as alcohol, drugs or mental health issues.

“The three organisations we are helping with funding today are doing some fantastic work to break the cycle of offending through targeted intervention and I am pleased to announce this support for them,

“Whilst it is for the Courts to decide who receives a custodial sentence, I want to ensure we are providing the best possible support to offenders to help turn their lives around.”

Philip Dunion, Director of Finance, Apex Scotland said: “Apex Scotland is delighted to receive this award from the Scottish Government. As a national charity this will enable us to continue to be at the forefront of policy development in relation to (ex)offenders and those at risk of offending, contributing to the aims of a fairer and safer Scotland.

“In particular we will be able to continue our drive to finding innovative solutions for our service users and to underpin our high quality service provision with a clear focus on evidence of benefit to both our service users and society as a whole.”

Tom Halpin, Chief Executive of Sacro said: “I welcome the Justice Secretary’s announcement of funding to voluntary organisations to help reduce reoffending. This funding from Scottish Government will change people’s lives for the better. It will enable Sacro to deliver direct services to vulnerable people across Scotland who are drawn into the justice system, often through issues associated with inequality and deprivation.

“Sacro’s partnership working is focussed on supporting positive change among those who find themselves in the justice system. It is by addressing the underlying issues that lead people into offending that we will achieve long-lasting and positive outcomes for individuals and their communities.”

Prof Nancy Loucks, Chief Executive of Families Outside, said: “Families Outside is very grateful for the award of funding from the Scottish Government. The impact of imprisonment on the children and families left behind is significant and enduring. It cuts across a wide range of issues including physical and mental health, housing, poverty, victimisation, substance misuse, child and adolescent learning and development, and crime prevention.

“We are pleased to be able to continue this work with the support of the Scottish Government, reaching vulnerable families who are often otherwise unidentified and unsupported.”