In the summer, I launched this Government’s vision and priorities for justice in Scotland. I laid out our intention to adopt a more progressive, evidence-based approach, supported by partners across the justice sector and beyond. The approach underpins our determination to ensure that we live in safe, cohesive and resilient communities.
In the programme for government that was published last week, we pledged to extend the presumption against short sentences to twelve months. That announcement was welcomed by former justice secretaries across the political spectrum, who recognise that the time has come for a more progressive and transformative perspective. It is a commitment that is consistent with our drive to create a more progressive, evidence-based justice system.
This very week marks the 20th anniversary of the devolution referendum. In the intervening years, this Parliament has done great things, and members across the chamber can feel rightly proud of their achievements. However, penal reform is one area in which we have made little progress.
In 1999-2000, the average daily prison population across Scotland’s prisons was less than 6,000. During 2015-16, the figure was more than 7,600. That means that since the Parliament’s inception, we have witnessed an increase of nearly 30 per cent in the number of people who are locked up on any given day.
We know that short prison sentences do little to rehabilitate people or reduce the likelihood of their reoffending. We know that short-term imprisonment disrupts families and communities, and adversely affects employment opportunities and stable housing—the very things that evidence shows support desistance from offending. We know that short sentences are both a poor use of public resources and a waste of human potential.
There will always be cases in which the court rightly takes the view that a prison sentence is absolutely justified, but for individuals who end up in custody, we need to think beyond just bricks and mortar. That change is part of the rationale behind our plans for the female custodial estate.
In July, I witnessed the start of demolition work on Cornton Vale prison. The Scottish Prison Service has now commenced the planning and public consultation process for the creation of a replacement. Although located on the existing site of Cornton Vale, the replacement will provide an entirely new approach to the custodial care of around 80 women. The new facility will use therapeutic community principles and will incorporate gender-specific and trauma-informed practice in addressing the particular needs of the female prison population.
For women who do not require the level of security or intensive intervention that is provided by the national facility, we will provide community custody units. In July, I announced that the first two units would be located in Glasgow and either Fife or Dundee. I can today inform Parliament that the SPS has acquired a site in Maryhill for the first unit in Glasgow and that the second unit will be in Dundee.
Those new community units will assist women to maintain their links with their families and accommodate them close to their communities and the agencies that can ensure that they are able to move away from offending. Work on the units will respond to the changing profile of the female prison population and the risk profile of women in custody. The Scottish Prison Service plans that those first two units and the national facility will be open by the end of 2020.
That work is part of a wider transformation in our prisons to professionalise the role of prison officers, ensure a focus on rehabilitation and support the reintegration of people who are leaving custody.
Those developments are encouraging, but I would still like our criminal justice system to have a stronger emphasis on robust community sentences that focus on addressing the causes of offending behaviour. In the 2008 report of the Scottish Prisons Commission, Henry McLeish wrote:
“To target imprisonment better and make it more effective ... 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.”
That aim was described as the necessary “touchstone” of a society that wanted
“to break with the idea that the only real punishment is prison.”
If we truly want to hold ourselves up as a modern and progressive nation, that is the foundation that our community justice system needs to be built on.
The First Minister has made clear her ambition to build an inclusive and socially just Scotland. Our justice system has a crucial role to play in shaping that future and in helping to tackle social inequality. A just, equitable and inclusive society needs to be supported by a progressive, evidence-based justice system that works across communities to reduce and ultimately to prevent further offending and which holds individuals to account for their offending, but ultimately supports them to make positive contributions to our communities.
Over the past decade, the Government has taken steps to end our reliance on custody and move towards effective community sentences that enhance public safety and promote rehabilitation and which evidence shows are more effective at reducing reoffending and thus reducing the risk of creating further victims.
When the Government first came to power, more people were given custodial sentences than community sentences; since then, there has been an increasing shift in favour of community sentences. The latest figures show that, in 2015-16, more than 5,000 more community sentences than custodial sentences were imposed. That is 5,000 more opportunities for individuals to pay back for the harm that they have caused, fewer prison receptions taking up resources in our prison system and fewer people having to make the difficult transition from custody back into the community.
That transition also happens for people who are held on remand. The programme for government outlines our continued backing for supported and supervised bail, to help individuals to remain in the community under supervision.
The Government will continue to promote the delivery of effective evidence-based interventions that are designed to prevent and reduce further offending. Our national strategy for community justice sets out our commitment to shifting criminal justice interventions upstream and using the least intrusive intervention at the earliest point. It encourages justice partners to maximise opportunities for the appropriate use of diversion from prosecution to help to address the underlying causes of offending and ensure that people get access to drug, alcohol, mental health or other appropriate services.
We remain committed to supporting local authorities in delivering robust community sentences that deliver tangible benefits for our communities. Funding for criminal justice social work remains at record levels. We invested an additional £4 million in community sentences in 2016-17 and again in 2017-18.
Last week, we announced proposed legislation that would give our sentencers broader options and powers for using electronic monitoring and, just this morning, we published the analysis of a public consultation on our next steps.
Electronic monitoring is already an important tool in the delivery of justice. It carries a punitive element and offers a range of options to improve public protection while allowing an individual to maintain their employment and family links. When used to enforce curfew conditions, it can provide stability to those whose offending is part and parcel of a chaotic lifestyle. The forthcoming legislation will expand the range of options and enable the use of new technology, such as global positioning system technology.
Sitting alongside community sentences, the presumption against short sentences underlines our determination to move away from short-term custodial sentences. It is of course a presumption, and not a ban. Sentencing discretion remains with the courts, and it is for the court to decide the appropriate sentence based on the facts at hand. The purpose of the presumption is to ensure that short sentences are imposed when they are the only suitable option.
As I have made clear, our vision for community justice is predicated on an evidence-based approach. The evidence shows that the use of very short sentences has fallen over the past decade. However, it also shows that we need to go further if we are to make a real impact on Scotland’s high rate of imprisonment and the negative consequences of short-term sentences. That is why we consulted on a proposal to strengthen the presumption.
The responses to the consultation were overwhelmingly supportive of an extension and the vast majority of those who expressed a view favoured a presumption against sentences of 12 months or less. There was, however, a clear view that any extension of the presumption would need to be accompanied by a commitment to developing and resourcing community sentences, and concerns were voiced by a number of respondents over the need to ensure that the court is able to take steps to protect victims, especially victims of domestic violence.
Since the consultation closed, the Government has worked with stakeholders across the justice sector to address those concerns. In March of this year, I brought before the Parliament the Domestic Abuse (Scotland) Bill, which contains a number of provisions that are specifically designed to protect the victims of domestic abuse. It will ensure that, when sentencing, courts are required to have regard to the need to protect victims from further offences and it contains provisions that will make it mandatory for the court to consider imposing a non-harassment order following a conviction.
Of course, the bill contains the new domestic abuse offence, which carries a tough maximum sentence of 14 years and which will improve the justice system’s ability to hold perpetrators of domestic abuse to account. Those provisions place the safety of victims at the heart of that important bill, and I urge members across the chamber to support it in the coming months. I can confirm that we will work in collaboration with Scottish Women’s Aid to ensure that developments in electronic monitoring will improve the safety of women and children who are affected by domestic abuse.
We have also already taken steps to create a more progressive landscape for the delivery of community sentences, with our new model coming into effect on 1 April this year. The model places decision making locally with those who know their communities best, who understand the problems in their areas and who will be most affected by community justice issues. Under the new model, local planning, delivery and collaboration are complemented by national leadership and strategic direction, which are provided by a new body, Community Justice Scotland.
Community Justice Scotland will raise awareness of the benefits of community sentences and build public support. Working with community justice partners and stakeholders, it will drive improvement in service delivery in order to build safer, stronger and more inclusive communities.
I believe that, in combination, those measures address the concerns that respondents to the consultation expressed. That is why we will implement the extension of the presumption only when the relevant provisions of the Domestic Abuse (Scotland) Bill are in force. I anticipate that the extension of the presumption will therefore be in place by the end of 2018, subject to the Parliament’s approval.
The Government believes that extending the presumption is in line with our progressive approach to criminal justice policy. More than that, in concert with our on-going approach to delivering safer and stronger communities, it is about being the progressive and socially inclusive nation that we want to be.