This item was published during the term of a previous administration that ended in April 2007
Listen
Alternatives to custody
12/11/2003
Exploring alternatives to custody can reduce prison overcrowding, cut re-offending, and make our justice system more efficient, according to Deputy Justice Minister Hugh Henry.
Speaking ahead of an Executive debate on Alternatives to Custody, Mr Henry said:
"We have already extended the range of community sentences available to our courts. Last year we rolled out electronic tagging across Scotland, and only last month, I announced plans to ensure that Drug Treatment and Testing orders are available to courts right across Scotland by by the middle of 2005. By then the full range of community sentences will be available, nationwide.
"But there remains a large volume of low level and petty offenders being sent to custody every week. For example, there are around 4,000 people sent to jail each year for fine default, half of them sentenced for a week or less.
"Not only do these sentences have no real punitive value but processing offenders on short term sentences through the system often costs the taxpayer far more than the original fine. I have difficulty justifying that system.
"I am encouraged that the Justice Committee's report on alternatives to custody concluded that alternatives to custody are at least as effective as short term sentences. This is an important message and I entirely agree with the Committee's conclusion that we need focus on making better use of the wide range of community disposals we have available.
"For example Supervised Attendance Orders (SAOs) are an existing community-based alternative to imprisonment for fine default. They substitute the unpaid portion of a fine for a period of unpaid activity - a fine on people's time rather than their pocket.
"SAOs have proved their worth, but we still have a large number of offenders - particularly women offenders - being sentenced to custody for fine default when an SAO could be more constructive. I am keen to test the effectiveness of this alternative on a larger scale.
"We therefore intend to make use of existing legislation to pilot in certain courts mandatory use of SAOs for fine defaulters. This will in effect withdraw the sanction of custody for this group of minor offenders.
"This is not a 'soft' option but a smart option. We are talking about people whose original offence did not justify a custodial penalty but who may now end up in jail because they do not have the means to pay the fine.
"And spending up to 100 hours undertaking constructive activity on a Supervised Attendance Order is much more valuable to the offender and to society than a couple of nights in prison Offenders subject to an SAO undertake training to develop financial management and employability, providing them with the skills necessary to move away from offending lifestyles.
"I believe that SAOs could make a significant difference to improving the efficiency of our justice system and to easing some of the strain in our prison service. We will continue to develop and provide effective programmes which have been shown to work - which cut re-offending and help deliver a safer, stronger Scotland."
Over the past four years, the Executive has created a wide range of community sentences which target specific offences and the circumstances of specific offenders.
The mandatory use of Supervised Attendance Orders for fine deafault will be piloted in two test areas. An announcement on the areas will be made over the next few weeks.
Almost one in five people sentenced to prison are sent there for fine default.
Drug Treatment and Testing Orders are a high tariff available to the High Court and sheriff courts as an alternative to custody for offenders whose offences have been linked to their drug addictions.
The order contains features unique to community disposal, including a requirement for regular reviews by the court to enable sentencers to monitor progress and a requirement that the offender consent to regular, random drug tests throughout the order.