Page last updated at 14:36 GMT, Friday, 6 March 2009

Radical justice reforms launched

Ministers have argued that short prison sentences are not working

Sweeping reform of the justice system will break the "hopeless cycle" of short prison sentences, according to Justice Secretary Kenny MacAskill.

Launching the Criminal Justice and Licensing Bill, he said it would also target those who direct organised crime with sentences of up to 14 years.

Other measures include closing the loophole that allows spouses to avoid giving evidence against their partner.

The age of criminal responsibility will also be raised from eight to 12.

Mr MacAskill said the bill would strengthen the hand of the police and courts in tackling drug crime, money laundering, human trafficking and predatory sex offenders.

"At the same time, we must act to turn around the unacceptably high reoffending rates that have persisted for too long," he said.

There can be no hiding place for those who peddle drugs and despair on our streets and no compromise in curbing the activities of predatory adults
Kenny MacAskill
Justice Secretary

Mr MacAskill rejected opposition claims that a new presumption against jail terms of six months or less, in favour of community sentences, was a "soft touch" approach.

He said: "This bill can help us to break the hopeless and perpetual cycle of short prison spells which lead to a loss of employment, housing and family ties and a greater likelihood of reoffending on release.

"Three-quarters of those given a prison sentence of six months or less reoffend within two years while almost three-in-five sentenced to community service instead have a clean record over the same period."

Payback orders

New Community Payback Orders will require offenders to repay the community for the damage they have done.

Other provisions of the legislation are:

  • New offences of directing, involvement in or failing to report serious organised crime, with prison sentences up to 14 years.
  • Prosecutors to have new powers to apply for financial reporting orders.
  • Possession of extreme pornography will be outlawed. Maximum jail terms for those publishing or distributing it will be raised.
  • Licensing boards will be required to consider raising the minimum purchasing age for alcohol off-sales to 21 in certain areas.
  • Ending the remand of children in adult prisons. The age at which children can be prosecuted in the adult court rises to 12.

Mr MacAskill added: "There can be no hiding place for those who peddle drugs and despair on our streets and no compromise in curbing the activities of predatory adults whose behaviour poses a risk to our children and others."

Criminals' charter

The bill was welcomed by Victim Support Scotland which said short prison sentences had failed to address re-offending.

Chief executive David McKenna said: "It is right that we seek other measures which address criminality and re-offending.

"The answer may well lie in tougher community sentencing, where the victims of crime can see that those who offend are genuinely paying back the victims and the community in which the offence occurred."

Labour, however, criticised the new sentencing provisions as a "criminals' charter" that would undermine confidence in the justice system.

Labour justice spokesman Richard Baker said: "Communities expect those who break the law to be punished properly and this soft-touch approach will do nothing to deter lawbreakers.

"As a package, these plans are unsupportable and look unlikely to receive the necessary parliamentary backing."

The Scottish Conservatives said they supported parts of the bill, but also raised concerns at the sentencing changes.

Justice spokesman Bill Aitken said: "To actively move away from considering prison as a valid option for offenders is utterly unacceptable.

"The SNP fails to understand that public fury is not so much directed at the length of sentences handed down but the length of time actually served."

Robert Brown, for the Scottish Liberal Democrats, said: "Community sentences must be speedy, effective and efficient.

"My concern is that the SNP have not begun to spell out how they will make these reforms work in practice. It is absolutely vital that they do so."

Print Sponsor

Scots criminal age to go up to 12
01 Mar 09 |  Scotland
Judges condemn sentence guidance
12 Dec 08 |  Scotland
Measures to fight organised crime
21 Sep 08 |  Edinburgh, East and Fife
Prison numbers 'must be tackled'
01 Jul 08 |  Scotland
Short jail sentences 'pointless'
27 May 08 |  Scotland
Spouse witness law to be scrapped
04 May 08 |  Scotland


The BBC is not responsible for the content of external internet sites

Has China's housing bubble burst?
How the world's oldest clove tree defied an empire
Why Royal Ballet principal Sergei Polunin quit


Sign in

BBC navigation

Copyright © 2017 BBC. The BBC is not responsible for the content of external sites. Read more.

This page is best viewed in an up-to-date web browser with style sheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so.

Americas Africa Europe Middle East South Asia Asia Pacific