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Sentencing and Penal Policy Commission - call for evidence: analysis of responses

Independent analysis of responses to the call for evidence by the Sentencing and Penal Policy Commission.


7. Conclusions

Many individuals and organisations with detailed knowledge responded to the call for evidence, sharing their views and evidence to inform the final report of the Sentencing and Penal Policy Commission. Reflecting on their experience and perspectives, and citing lived or published evidence to substantiate these, this report provides a high-level summary of the responses. For more details, readers are encouraged to look at individual responses where permission was given for publication.

Several themes were raised across consultation questions. These included the need to: improve public confidence in the penal system and increase understanding of the aims of penal reform; improve multi-agency working; consider how non-compliance can be handled more effectively; ensure adequate involvement, protection and support for victims of crime; tailor approaches to ensure individualised responses for people involved in the criminal justice system; and calls for more data or research.

There was broad support for increasing the use of community sentences and using these in as many cases as possible instead of custodial sentences. Community sentences were felt to help community integration and reduce reoffending. However, respondents highlighted the need to focus on rehabilitation, improve interventions, improve Community Payback Orders, invest in community supports, and use the full range of conditions available within community sentences or extend the range of community sentences.

Improving support or arrangements for people on bail was recommended, as was the need to reduce the use of remand and improve conditions for those on remand. Addressing court decision-making was seen as necessary to help avoid the use of remand, with suggestions given for how this could be achieved. System pressures were also felt to be causing challenges, with the need to reduce delays across justice services being a key recommendation of respondents. Comments on electronic monitoring were made concerning bail conditions, with mixed views expressed on how useful these were.

The main issues impacting release from prison were barriers to progression and the need for enhanced and timely support to address challenges around housing, mental health, substance use, and finances. It was recommended that decisions around parole be improved, and planning for release begin before release, so that supports are in place when people are liberated from prison.

Respondents described a range of recommendations from the McLeish Commission and other reports they felt should be implemented or required further action, given a belief that these were not achieving the desired results. There was no clear consensus on which should be implemented, and suggestions ranged widely. Enhancing public understanding, reducing the prison population, and addressing structural barriers were the most prevalent suggestions for implementation.

Overall, there was broad support for objectives relating to reducing the prison population and for greater and more creative use of community sentences and bail options, with the need to ensure progression could occur and that there is enhanced provision of community supports to address complex needs and promote individual outcomes.

Contact

Email: ScottishSentencingCommission@gov.scot

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