Extended presumption against short sentences: monitoring information July 2019 – December 2019

This bulletin provides information to monitor the effects of the implementation of the Extension to the Presumption Against Short Sentences (PASS).

Key Points

  • It is too early to attribute any changes in sentencing patterns to the extended presumption against short sentences (PASS). Only a small number of offences that would be subject to the new policy have been disposed by the courts in the period covered by this publication.
  • However, there is emerging evidence that the proportion of all court disposals that are for custodial sentences of 12 months or less is decreasing.
  • We will continue to monitor court disposals and report on any emerging trends.
  • Further, more detailed analysis by other related factors (e.g. court type, offence aggravators) will be available as more offences subject to the presumption make their way through the courts.


Email: justice_analysts@gov.scot

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