Not all offenders found guilty by a Scottish Court end up in prison. Prison will always be the right place for serious and dangerous offenders.
Courts have a range of community sentences (also known as alternatives to prison) available to deal with individuals whose offending does not warrant a prison sentence.
Sentencing upon individual case is always a matter for the Courts. The Scottish Government does not intervene in that process, but, has made a wide a range of sentencing options available to Sheriffs, Judges and Justices of the Peace.
Within the Criminal Justice and Licensing (Scotland) Act 2010, the Scottish Government has brought forward provisions to create a more robust and flexible community sentence, the Community Payback Order.
Due to be implemented in February 2011, it will replace a number of existing community sentences including: Community Service Order, Probation Orders and Supervised Attendance Orders.
The Act also includes a presumption against imposing a short prison sentence of three months or less - unless sentencers believe that no other option would be appropriate. The Community Payback Order creates a strong alternative to a short-term prison sentence.