We are testing a new beta website for gov.scot go to new site

Consultation on Proposals to Strengthen The Presumption Against Short Periods of Imprisonment: An Analysis of Responses

Official Print Publication Date
Website Publication DateMarch 23, 2016


Alison Platts & Jennifer Waterton
Griesbach & Associates

ISBN 978 1 78652 156 9 (web only publication)
PPDAS 67548

This document is also available in pdf format (598KB)



Executive Summary
Views on extending the presumption (Q1, 2 and 3)
Factors relevant to sentencing and the use of custody (Q4, 5 and 6)
The use of remand (Q7)
Information and evidence

1. Introduction
The consultation
The analysis

2. The Consultation Responses and Respondents
Number of responses received
Standard, non-standard and campaign responses

3. Extending the Presumption Against Short Prison Sentences (Q1)
Reasons for agreeing with the proposal
Reasons for disagreeing with the proposal

4. Sentence Length on Which the Presumption Should Be Based (Q2)
Extension to 12 months
Extension to 9 months
Extension to 6 months
Other general comments on the length of extension

5. Concerns About Extending the Presumption (Q3)
Concerns of those supportive of the proposal / a move away from custodial sentences
Concerns of those opposed to the extension

6. Consideration of Specific Circumstances in Imposing a Custodial Sentence (Q4)
Seriousness of offence and risk to individual / public safety
Impact on dependent children and families
Other circumstances mentioned on a widespread basis
Factors mentioned on a more limited basis
Sentencing decisions and the wider criminal justice system

7. Offences to Which the Presumption Should Not Apply (Q5)
Opposition to exemption of specific offences from the presumption
Exemption of offences involving violence
Exemption of other types of offences
Other (wider) points raised

8. Circumstances in Which a Custodial Sentence Should Never Be Considered (Q6)
Views of those specifying circumstances
Views of those not specifying circumstances

9. Legislative Mechanisms to Direct the Use of Remand (Q7)
The rationale for the use of remand
Concerns about the current use of remand
Alternatives to remand
Legislative mechanisms

10. Other Comments on the Use of Short-Term Imprisonment (Q8)

Annex 1: organisational respondents

Annex 2: Response rate for individual consultation questions