Sentencing and Penal Policy Commission: call for evidence

Annex A: McLeish Commission (2008) Scotland’s Choice: The Report of the Scottish Prisons Commission – summary of recommendations

1. Imprisonment should be reserved for people whose offences are so serious that no other form of punishment will do and for those who pose a threat of serious harm to the public.

2. Paying back in the community should become the default position in dealing with less serious offenders.

3. The Scottish Government to extend the types and availability of effective alternatives to prosecution coordinated by enhanced court-based social work units.

4. The Scottish Government to legislate to place an onus on the Crown to seek to roll-up outstanding matters.

5. The Scottish Government to extend the types of and availability of bail-related information and supervision services across Scotland, including electronically monitored bail conditions, operated through enhanced court-based social work.

6. The Scottish Government to explore options for detaining 16/17 year olds in secure youth facilities separate from older offenders and those under the age of 16.

7. The Scottish Government re-examine the case for diverting 16/17 year olds to Specialist Youth Hearings with a wider range of options than are presently available in the Children’s Hearing System.

8. The Scottish Government establish an independent National Sentencing Council (NSC) to develop clear sentencing guidelines that can be applied nationwide.

9. The establishment of a National Community Justice Council (NCJC).

10. The National Sentencing Council and the National Community Justice Council should be jointly charged with enhancing public understanding of, and confidence in, the credibility of both sentencing and the management of community sentences. The NCJC should work with SPS and the Parole Board for Scotland to enhance public understanding of and confidence in the credibility of release and resettlement arrangements.

11. Where sentences involving supervision are imposed, there should be one single Community Supervision Sentence (CSS) with a wide range of possible conditions and measures.

12. The development of a 3-stage approach to sentencing and managing community sentences: 1) How much payback? 2) What kind of payback? 3) Checking progress and payback?

13. Establishment of progress courts that enable sift and regular review of progress and compliance with community sentences- and deal robustly with offenders who do not pay back.

14. The Scottish Government to bring forward legislation to require a sentencing judge, who would otherwise have imposed a sentence of 6 months imprisonment or less, to impose a Community Supervision Sentence instead, except in particular circumstances.

15. The Scottish Government bring forward legislation to enable a sentencing judge who has formed the view that a custodial sentence is appropriate, to consider whether it should be served as a conditional sentence. A conditional sentence means that the period of custody is imposed but suspended subject to the offender keeping to a strict set of conditions.

16. Subject to the full implementation of other recommendations, the current Home Detention Curfew scheme should be terminated.

17. The National Community Justice Council to provide leadership for Criminal Justice Social Work nationwide.

18. The Scottish Government to promote recognition across all Government departments, all public services, all sectors and all communities of a duty to reintegrate both those who have paid back in the community and those who have served their time in prison.

19. A more restricted and rational use of imprisonment to enable SPS to better regulate prisons and prisoners, using accommodation and resources intelligently to incentivise prisoners to come off and stay off drugs (for example by providing drug free wings) and at providing and prioritising rehabilitation.

20. The Parole Board should be provided with additional options to better manage release and compliance with licence conditions, including drug treatment and testing services and extending electronically-monitored home detention.

21. If the Custodial Sentence and Weapons (Scotland) Act 2007 is to be implemented, it must follow the implementation of this Commission’s other recommendations and the achievement of reductions in the short sentence prison population. Thereafter, the provisions around risk assessment, conditional release and compulsory post-release supervision arrangements should be reserved for those serving 2 years or more. Those serving shorter sentences should be released under licence conditions and directed to support services.

22. Preparing for release and training for freedom should be retained and reinforced as the proper purposes of the Open Estate - not to ease overcrowding.

23. The Scottish Government should pursue a target of reducing the prison population to an average daily population of 5,000, guiding and supporting the efforts of relevant statutory bodies in achieving it.