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  4. Short prison sentences still common despite Act, figures show

Short prison sentences still common despite Act, figures show

9th February 2015 | criminal law

Nearly 30% of prison sentences imposed in Scotland are for periods of less than three months, in spite of legislation introducing a presumption against such sentences, the Herald reports today.

Under the Criminal Justice and Licensing (Scotland) Act 2010, short sentences of less than three months should only be imposed where the court considers that "no other method of dealing with the person is appropriate". The then Justice Secretary Kenny MacAskill wanted offenders to undertake community payback orders rather than be given bed and board at taxpayers' expense.

The proposals were controversial, despite a commonly held view among offender support groups that short prison terms are ineffective to prevent reoffending. However figure show that the number of short sentences imposed has only declined from around 37% before the Act to 28 or 29% in each of the three years since it came into force. In 2013-14, 4,126 out of 14,101 offenders were sentenced to three months or less.

Juliet Lyon, director of the Prison Reform Trust, said the Government needed to invest further in "effective community sentences that command the confidence of the courts".

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