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Listen
Ministerial Foreword
This Government is determined to develop a coherent penal policy that uses prison for serious and dangerous offenders but deals with lower-risk offenders in the community. I believe that is the best approach to take because it will reduce reoffending whilst ensuring that prisons can deal effectively with those who pose a genuine risk.
The use of community penalties such as community service and probation has been steadily increasing over the past 10 years. The fact that our courts are increasingly using these penalties is testament to those involved in the many effective schemes available across Scotland. However, I believe there is scope for more and improved use of them. In particular, we have not always done enough to make sure that offenders are clearly paying back to the communities they have offended against - in a way which that community wants and can see. And we have not always ensured that the penalty does everything it can to reduce reoffending.
Compared with 20 years ago, the number of crimes committed in Scotland has fallen by over 40,000 per year, but our prison population has increased by almost a third and continues to rise. We are spending more money on prison, and reoffending by those released from prison has not reduced. This suggests that short prison sentences are not the most effective way of dealing with offenders who do not pose a risk to the public. Crimes must be punished appropriately and effectively. Individual sentencing decisions are rightly for the courts to make. But the Government has a duty to use prison appropriately. It also has a duty to ensure that punishments do all they can to make offenders face up to their crimes whilst supporting them to return to a positive life in the community.
There are no simple answers in this area and the Government does not have a monopoly on good ideas. We wanted to listen and build consensus - that's why, in advance of producing this report, a series of meetings was held with a range of the key players, looking for their views on the obstacles to be overcome to improve the quality, effectiveness and perception of community penalties. A lot of good practice already exists, but there is room for improvement. It is on that basis that the recommendations in this report are provided. I would welcome any views on this report - but it is a plan of action, not a consultation. We are committed to taking forward a number of actions quickly as the report makes clear.
Our goal is to build a safer and stronger Scotland by reducing rates of offending and reoffending. Whilst that programme of work goes much wider than the operation of community penalties it makes sense to look at this area as a priority. I will be ensuring that the Independent Commission on the Purpose and Use of Prison takes the issues raised in this report into account as it forms its recommendations - in order to ensure that we deliver a coherent penal policy which uses punishment appropriately and effectively.
Kenny MacAskill
Cabinet Secretary for Justice
November 2007
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