This item was published during the term of a previous administration that ended in April 2007
Listen
MSPs back Bill aimed at improving public safety
15/03/2007
Justice Minister Cathy Jamieson tonight welcomed Parliament's backing for the Custodial Sentences and Weapons Bill, saying it would reduce re-offending, cut crime further and boost public safety.
The legislation will ban the general sale of swords, with exceptions for legitimate religious, cultural and sporting purposes, and introduce a wider licensing scheme for retailers selling non-domestic knives.
The Bill will also introduce a risk-based sentencing management regime to replace the automatic, unconditional early release of prisoners.
Ms Jamieson said:
"We are reducing crime in Scotland, including incidents of serious violent crimes which last year fell to their lowest level since devolution.
"This Bill completes the delivery of our five-point plan on knife crime - with stronger arrest powers, tougher sentences for knife-carrying and an increase in the minimum purchase age for non-domestic knives already in place.
"Building on the success of last year's knife amnesty and police enforcement action, that saw more than 14,000 knives and other weapons taken off our streets, the new licensing scheme and the sword sales ban will prevent more dangerous blades from falling into the wrong hands.
"The other part of this Bill, to end automatic, unconditional early release, builds directly upon the reforms of the Management of Offenders Act, passed by Parliament in November 2005. Reforms to reduce the revolving door of re-offending.
"Currently thousands of offenders are automatically freed from prison halfway through the sentence stated in court, regardless of their behaviour in custody and without any restrictions on the remainder of that sentence term.
"Under the new regime, prisoners will no longer be able to assume they will be released from prison halfway through the term. "It will be clear that their behaviour can determine when they are released and they will know that whatever part of that sentence term they spend in the community, must be served under strict licence conditions.
"Those given a sentence of less than 15 days will serve the full term in prison, while those serving longer combined custody and community sentences will face restrictions for the full term.
"The court will be able to set the custody part of the sentence beyond the minimum 50 per cent of the sentence term if it considers this necessary for punishment or deterrence purposes.
"Even after this, the Parole Board will be able to order the offender be detained for a longer period, up to 75 per cent of the sentence term, if their behaviour in prison causes concern about their risk.
"And licence conditions in the community - serious breaches of which will result in a return to custody - will be as tough as they need to be, both to protect the public and to require offenders to continue vital rehabilitative work started in prison, such as drug treatment programmes.
"By assessing risk in custody and imposing tough and relevant licence conditions in the community we can tackle the causes of criminal behaviour, reduce re-offending, cut crime levels further and continue building a safer, stronger Scotland for all."