Howard League Scotland

Are we currently operating with an “out of sight, out of mind” attitude when it comes to the approach of sentencing offenders in Scotland? It could be argued that the default position has become incarceration. So far this year the average daily prison population has consistently remained over 8,000, with a peak of 8,222 at the start of July.[1] This has resulted in Scotland having one of the highest prison populations in Western Europe, per capita.[2] High levels of imprisonment are the pinnacle of an “out of sight, out of mind” attitude, which is an attitude that has been proven to not work.

Howard League Scotland campaigns for imprisonment to be a last resort, reserved only for those offenders who pose a risk to public safety. The current system is producing what could be described as the “warehousing problem”, in that prisons are being used to address gaps in welfare and communities. Rather than attempting to fix the wider social issues, such as alcohol and substance abuse, poor mental health and poverty, those worst affected are being sent to prison for short periods of time. We need to ask ourselves “what is prison really for?” and if we truly answer this question, we will realise that many of those who are in prison simply do not belong there. This underlines support for the Scottish Government’s extension of the Presumption Against Short Sentences (PASS) from three to 12 months with effect from 3 July 2019.[3]

We know that short-term sentences have been shown to be less effective than well-resourced non-custodial sentences in preventing reoffending. In fact, offenders on short-term sentences are almost twice as likely to be reconvicted than those on Community Payback Orders (CPOs).[4] One reason for this is that any length of time in prison is enough to disrupt employment, medical care, family relations and housing. Additionally, short-term sentences do not provide a big enough window of opportunity to address some of the underlying causes of offending behaviour - they merely exacerbate many of these issues. Comparatively, when an offender is carrying out a community sentence, they are able to maintain those protective factors such as strong family relationships, housing etc. - the very qualities that have been proven to support desistance from offending. Moreover, community sentences such as Home Detention Curfews (HDCs) and CPOs can be used in conjunction with other community support and supervision mechanisms that aim to tackle the source of the problem. Hence, while the offender is repaying the community, they are also given more of an opportunity to overcome some of the issues which led them to offending in the first place.

It is also important to highlight that non-custodial sentences can be a deterrent equal to prison. Community sentences can in fact be very demanding and thus, are seen to be “severe” by those serving the sentence.[5] As a society, we need to move away from the common yet false belief that community sentences are a “soft” alternative. A more retributive punitive style has shown not to reduce reoffending. It is now time to try a more redemptive and rehabilitative style. If we are to successfully move away from an “out of sight, out of mind” attitude, it is essential that we fully understand and utilise non-custodial sentencing options.

The consequent reduction in short-term prison sentences would, of course, increase pressure on non-custodial disposals. It has been estimated that, should 20% of custodial sentences of 3-12 months become community sentences, approximately 1,300 additional people across Scotland would receive community sentences.[6] Thus, it is vital that an increase in investment in these areas goes hand-in-hand with the step away from short-term sentences. A lack of resourcing in support of community sentences is already known to be a barrier to such disposals, which is only set to worsen if investment is not increased.

Most of the offenders who make up our prison population do not pose a threat to wider society. Howard League Scotland will continue to argue against the need for them to be imprisoned and removed from society. It is time to move away from the “out of sight, out of mind” attitude, which currently exists, towards a place of redemption and rehabilitation.  

Howard League Scotland campaigns for a criminal justice system of which we can all be proud. If you would like to join us and see what other important work we could do together, please visit www.howardleague.scot.

This blog was originally written by Howard League Scotland for Prisoners Week 2019.

[1] http://www.sps.gov.uk/Corporate/Information/SPSPopulation.aspx

[2] The Scottish Government (2017). Justice in Scotland: Vison and Priorities.

[3] Presumption Against Short Periods of Imprisonment (Scotland) Order 2019/236

[4] https://www.gov.scot/publications/reconviction-rates-scotland-2015-16-offender-cohort/pages/3/

[5] The Howard League Scotland: Extending the Presumption Against Short Sentences [REF/LINK?]

[6] https://communityjustice.scot/wp-content/uploads/2019/06/Sentenced-to-Smart-Justice-A-report-on-the-proposed-extension-of-the-Presumption-Against-Short-Sentences-v8.pdf