Annex G: References
1. We use the term 'judges' to refer to all of those involved in sentencing offenders; justices of the peace, magistrates, sheriffs and high court judges.
2. Its prison population increased by 30,000 between 1995 and 2007, it added nine new prisons during this period, and has provisionally said it will add another 7,500 prison spaces by building three 'Titan' prisons. The Ministry of Justice concluded that much of the growth in the numbers of people in custody was due to many more offenders being recalled on licence as well as longer sentences (reflecting a more serious mix of crimes before courts as well as judicial inclinations towards longer sentences). 'The Story of the Prison Population,' Ministry of Justice, (December 2007), available online at: http://www.parliament.uk/deposits/depositedpapers/2008/DEP2008-0362.pdf ; Managing increasing prisoner numbers in Scotland, Audit Scotland (2008).
3. Kenny MacAskill, Speech to the Scottish Parliament, 20 September 2007.
4. International Centre for Prison Studies, Kings College, London; Council of Europe Annual Penal Statistics Survey (2006), SPACE I.
5. Rates for Denmark (2006/07) and Canada (2004/05) are fiscal year averages; all other rates were obtained from one day counts in 2006, with the exception of New Zealand where data was obtained from a one day count in 2007. These were compiled from the most authoritative sources in Prison Statistics Scotland, 2006/07, Scottish Executive Statistical Bulletin CrJ/2007/7.
6. Prison Statistics Scotland, 2006/07, Scottish Executive Statistical Bulletin CrJ/2007/7.
7. This is because, in an ADP measurement, a prisoner serving a one-year sentence takes the same amount of prison space (one bed for a year) as 15 prisoners serving 24 day sentences (which is the average length of sentence among those serving six months or less; in other words it is a 'typical' short sentence). An ADP presentation would count these 15 prisoners as taking up only one prison space, the same as a one-year prisoner.
8. Prison Statistics Scotland, 2006/07, Scottish Executive Statistical Bulletin CrJ/2007/7.
9. Prison Statistics Scotland, 2006/07, Scottish Executive Statistical Bulletin CrJ/2007/7.
10. Criminal Proceedings in Scottish Courts, 2005/06, Scottish Executive Statistical Bulletin CrJ/2007/3.
11. HMIP Annual Report on Cornton Vale (2005).
12. Prison Statistics Scotland, 2006/07, Scottish Executive Statistical Bulletin CrJ/2007/7.While committing a new criminal offence while on parole or a tag is one reason for being recalled to prison, many recalls are 'technical', i.e. for having failed to comply with the details of an order.
13. D. Nelken (2006), 'Italy: A lesson in tolerance?', in Muncie, J. and Goldson, B. (eds), Comparative Youth Justice, SAGE publications, pp. 159-76; Janes, L. (2008), Criminal liability of minors and severity of penalties: European trends and developments, London: The Howard League for Penal Reform, citing Council of Europe (2006) Penological Information Bulletin; Prison Statistics Scotland, 2006/07, Scottish Executive Statistical Bulletin CrJ/2007/7.
14. Criminal Proceedings in Scottish Courts, 2005/06, Scottish Executive Statistical Bulletin CrJ/2007/3.
15. Reconvictions of Offenders Discharged from Custody or given Non-Custodial Sentences in 2003/04, Scotland, Scottish Government Statistical Bulletin CrJ/2007/9.
16. Scottish Prison Service, written evidence to the Prison Commission, November 2007. The low estimate includes only annual operating expenditure on prisons ( e.g. staff salaries and services like food and electricity). It excludes, for example, capital charges and the cost of transporting prisoners to court and between prisons.
17. Alec Spencer (2008), 'The Unnecessary Cost of Imprisonment,' lecture, The Future of Prisons in Scotland Conference, (8 February).
18. Managing increasing prisoner numbers in Scotland, Audit Scotland (2008).
19. Tables 6 and 8, Reconvictions of Offenders Discharged from Custody or Given Non-Custodial Sentences in 2003-04, Scotland, Scottish Government Statistical Bulletin CrJ/2007/9; P. Gendreau, C., Goggin, F. Cullen (1999), The Effects of Prison Sentences on Recidivism, Department of the Solicitor General Canada; P. Gendreau, C. Goggin, F.T. Cullen, D. Andrews (2000), 'Effects of Community Sanctions and Incarceration on Recidivism', Forum on Corrections Research, vol. 12(2), http://www.csc-scc.gc.ca/text/pblct/forum/index_e.shtml
20. Criminal Proceedings in Scottish Courts, 2006/07, Scottish Government Statistical Bulletin CrJ/2008/6.
21. Houchin, R. (2005) Social Exclusion and Imprisonment in Scotland, Glasgow: Glasgow Caledonian University.
22. Social Exclusion Unit (2002) Reducing reoffending by ex-prisoners. London: Office of the Deputy Prime Minister.
23. Evidence by Sean McCollum, Families Outside: There's a substantial body of research which shows that obviously imprisonment has a huge adverse impact on the families of the prisoners and these can range from financial difficulties, housing problems, difficulties with caring for children, a range of emotions, such as fear, anxiety, loneliness, shame and guilt and the stigma of criminality.
24. Codd, H. (2008), In the Shadow of Prison: Families, Imprisonment and Criminal Justice, Cullompton, UK: Willan; Golden, R. (2005), Mothers in Prison and the Families They Leave Behind, New York: Routledge.
25. Downes, D. and Hansen, K. (2006), 'Welfare and Punishment in Comparative Perspective,' in S. Armstrong and L. McAra (eds.), Perspectives of Punishment: the Contours of Control, Oxford: Oxford University Press, pp. 133-154.
26. Downes and Hansen (2006: 152).
27. Millie, A., Jacobson, J. and Hough, M. (2003), 'Understanding the growth in the prison population in England and Wales', Criminal Justice, 3(4) 369-387; J. Sutton (2004), 'The Political Economy of Imprisonment in Affluent Western Democracies, 1960-1990,' American Sociological Review, vol. 69(2): 170-89; F. Zimring (2001), 'Imprisonment Rates and the New Politics of Criminal Punishment,' Punishment & Society, vol. 3(1): 161-66; Roche S (2007), 'Crime, punishment, and politics in comparative perspective,' in Crime and Justice-A Review of Research, vol. 36, M. Tonry (ed.), Chicago: University of Chicago Press, pp. 471-550.
28. A. Giddens (1990), The Consequences of Modernity, Cambridge: Polity; U. Beck (1992), Risk Society: Towards a new modernity, London: Sage; S. Walklate and G. Mythen (2008), 'How scared are we?,' British Journal of Criminology, vol. 48(2): 209.
29. Houchin (2005).
30. The source for the discussion of recorded crime statistics is Recorded Crime Statistics Scotland, 2006/07, Scottish Executive Statistical Bulletin CrJ 2007/8.
31. This includes things such as resisting arrest or breaching the conditions of bail.
32. Managing increasing prisoner numbers in Scotland, Audit Scotland (2008).
33. Recorded Crime in Scotland Statistical Bulletins and Prison Statistics Scotland Statistical Bulletins, Scottish Government.
34. Victim surveys have their own limitations which can lead to over and under reporting changes in crime ( e.g. homeless and young people are not generally included in such surveys although these groups experience disproportionately high levels of crime). However, while comparisons should be cautiously undertaken, victimisation surveys generally share the same biases and so can provide a useful measure of the magnitude of crime in different countries.
35. Van Dijk, Van Kesteren, and Smit (2007), Criminal Victimisation in International Perspective: Key findings from the 2004-2005 ICVS and EUICS. One-year prevalence rates. Survey respondents will have been asked whether they have experienced a given crime in the past year. Sexual assault rates are specifically for sexual assaults against women (only female responses tabulated).
36. M. Browning and K. Bolling (2007), 2006 Scottish Crime and Victimisation Survey: Main Findings, Scottish Government Social Research, p. 48.
38. ibid., pp. 55-56.
39. ibid., p. 84.
40. TNS System Three (2007), Community sentencing: Public Perceptions & Attitudes Summary Research Report, Scottish Executive Social Research, pp. 7-8.
41. ibid., p. 9.
43. Reconvictions of offenders discharged from custody or given non-custodial sentences in 2003/04, Scotland, Scottish Government Statistical Bulletin CrJ/2007/9.
44. What Works: Reducing Reoffending, Guidelines from the Research (1995), J. Maguire (ed.), Chichester: John Wiley & Sons.
45. Petrosino, A., Turpin-Petrosino, C., Buehler, J. (2003), 'Scared Straight and other juvenile awareness programs for preventing juvenile delinquency: A systematic review of the randomized experimental evidence,' Annals of the American Academy of Political and Social Science, vol. 589: 41-62.
46. J. Petersilia, E.P. Deschenes (1994), 'What Punishes-Inmates Rank the Severity of Prison vs. Intermediate Sanctions, Federal Probation, vol. 58(1): 3-8; J. Petersilia (1990), 'When Probation Becomes More Dreaded than Prison,' Federal Probation, vol. 54(1): 23-27; Payne, B.K. and Gainey, R.R. (1998), 'A qualitative assessment of the pains experienced on electronic monitoring,' International Journal of Offender Therapy and Comparative Criminology, vol. 42(2): 149-163l; Wood, P. B., & Grasmick, H. G. (1999). Toward the development of punishment equivalencies: Male and female inmates rate the severity of alternative sanctions compared to prison. Justice Quarterly, vol. 16: 19-50.
47. W. Searle, T. Knaggs, K. Simonsen (2003), 'Talking about sentences and crime: The views of people on periodic detention', Ministry of Justice, Wellington: New Zealand.
48. Gendreau et al. (2000).
49. Gendreau et al. (2000); Maguire (1995).
50. Munro et al (2004), A Comparative Review of Alternatives to Custody: Interim Report to The Scottish Parliament, p. 4.
51. Nicholson, G. (2008) Ministerial Decision Making in Criminal Justice Cases - a report by Sheriff Principal Gordon Nicholson KCB, QC. Sheriff Nicholson's report discusses problems concerning the lack of a definition of serious harm in the Custodial Sentences and Weapons (Scotland) Act 2007. He notes that: '"serious harm" is in fact given a statutory definition in section 224(3) of the English Criminal Justice Act 2003. That definition, as has been mentioned earlier, is that the words mean "death or serious personal injury, whether physical or psychological". That definition represents a very high threshold but, given that it appears in a recent statute which is in force elsewhere in the United Kingdom, I consider that there would have to be very compelling reasons for defining the words in Scotland in a manner which would result in a lower threshold' (p37). Clearly it would be of fundamental importance for the National Sentencing Council to address this question.
52. Coyle, A. (2005) Understanding prisons: Key issues in policy and practice. Maidenhead: Open University Press.
53. In one important recent study, in discussing the purposes of punishment, crime victims placed 'getting offenders to change their ways' second only to making them understanding the hurt their offences caused (Rex, S (2004), 'Punishment as Communication' in Bottoms, A., Rex, S. and Robinson, G. (eds.) Alternatives to Prison: Options for an insecure society. Cullompton: Willan).
54. For further details on the progress of the Summary Justice Reforms, see http://www.scotland.gov.uk/Publications/2007/09/06092618/6
55. Prison Statistics Scotland, 2006/07, Scottish Executive Statistical Bulletin CrJ 2007/7. The remand figure excludes receptions on remand to legalised police cells.
56. Data from Scottish Government Analytical Services Division.
57. The Sentencing Commission for Scotland's Report on the Use of Bail and Remand (2005) noted the successes of bail supervision, noting in particular successes achieved at the 218 project for women offenders. See: http://www.scottishsentencingcommission.gov.uk/docs/scorubr.pdf
58. It is important to underline that these are the reconviction rates by age for all types of sentence, not for prison sentences. Reconvictions of Offenders Discharged from Custody or Given Non-Custodial Sentences in 2003-04, Scotland, Scottish Government Statistical Bulletin CrJ 2007/9, see: http://www.scotland.gov.uk/resource/doc/199703/0053335.pdf
59. Janes, L. (2008), Criminal liability of minors and severity of penalties: European trends and developments. London: The Howard League for Penal Reform, citing Council of Europe (2006) Penological Information Bulletin.
60. Audit Scotland (2008), Managing increasing prisoner numbers in Scotland. Edinburgh: Audit Scotland.
61. For details of this scheme, see: http://www.lccs.org.uk/
62. The Social Work Services Inspectorate (1996) report - Helping the Court Decide (Edinburgh: Scottish Office) states that 108,000 reports were completed in 1991-1996. Criminal Justice Social Work Statistics 2006/7, Scottish Government Statistical Bulletin CrJ 2007/12 suggests that the total number of reports completed in 2002-2007 was 283,000. (See: http://openscotland.gov.uk/Resource/Doc/209079/0055387.pdf
63. McIvor, G., Barnsdale, L., Eley, S., Malloch, M., Yates, R. and Brown A. (2006) An evaluation of the Glasgow and Fife Drug Courts and their aim to reduce drug use and drug related reoffending. Edinburgh: Scottish Executive. See: http://www.scotland.gov.uk/Publications/2006/03/28112035/12
64. Weaver, B. and McNeill, F. (2007) Giving Up Crime: Directions for Policy. Edinburgh: Scottish Consortium on Crime and Criminal Justice. See: http://www.strath.ac.uk/media/media_64785_en.pdf
65. Criminal Proceedings in Scottish Courts, 2006/07, Scottish Government Statistical Bulletin CrJ/2008/6, Table 10. See: http://www.scotland.gov.uk/Publications/2008/06/02124526/52
66. Criminal Proceedings in Scottish Courts, 2006/07, Scottish Government Statistical Bulletin CrJ/2008/6, Table 10. See: http://www.scotland.gov.uk/Publications/2008/06/02124526/52
67. Written submission from Alec Spencer, citing Ash, R. and Biggar, H. (2002) Return to Custody in Scottish Prisons 2002. Edinburgh: Scottish Prison Service. Table 7.
68. See page 13 - table 3.
69. Written submission from Alec Spencer.
70. For an authoritative overview, see Coyle, A. (2005) Understanding prisons: Key issues in policy and practice. Maidenhead: Open University Press.
71. McNeill, F. and Whyte, B. (2007) Reducing Reoffending: Social Work and Community Justice in Scotland. Cullompton: Willan.
72. Ford, J. Sparks, R and Duff, A. (forthcoming). Social inequality, crime and violence. Edinburgh: Scottish Consortium on Crime and Criminal Justice; Alec Spencer, Rethinking Imprisonment in Scotland: The Dilemma for Prison Reform and the Challenges Beyond, Submission to the Scottish Prisons Commission.
73. Reconvictions of Offenders Discharged from Custody or Given Non-Custodial Sentences in 2003-04, Scotland, Scottish Government Statistical Bulletin CrJ 2007/9, see: http://www.scotland.gov.uk/resource/doc/199703/0053335.pdf
74. Social Exclusion Unit (2002) Reducing reoffending by ex-prisoners. London: Office of the Deputy Prime Minister.
75. Data from Scottish Prison Service
76. Padfield, N. and Maruna, S. (2006) 'The revolving door at the prison gate: Exploring the increase in recalls to prison', Criminology and Criminal Justice 6(3): 329-353.
77. This chart is based on data from the Prison Statistics Scotland, 2006/07, Scottish Government Statistical Bulletin CrJ 2007/7 and from the Parole Board for Scotland's 2006 Annual Report (available at: http://www.scottishparoleboard.gov.uk/pdf/Parole%20Board%202006.pdf ). The prison statistics relate to financial years as shown, the Parole Board figures relate to calendar years.
78. Nicholson, G. (2008) Ministerial Decision Making in Criminal Justice Cases - a report by Sheriff Principal Gordon Nicholson KCB, QC.
79. Criminal Proceedings in the Scottish Courts2005-06, Scottish Government Statistical Bulletin CrJ/2007/3, Table 10.
80. Criminal Proceedings in the Scottish Courts2005-06, Scottish Government Statistical Bulletin CrJ/2007/3), Table 10
81. Audit Scotland (2008) Managing increasing prisoner numbers in Scotland. Edinburgh: Audit Scotland.
82. Scottish Prison Service (2008) A Review of the Circumstances Surrounding the Transfer of Prisoner Robert Foye (Prisoner Number 26163) to the Open Estate ( HMP Castle Huntly). See: http://www.sps.gov.uk//MultimediaGallery/c67c41c1-efde-4e2f-984e-95ec40cc4eea.pdf
83. Data from Criminal Proceedings in Scottish Courts 2005-06, Scottish Government Statistical Bulletin CrJ/2007/3, Table 14. Calculation is based on the offenders whose last sentence in 2006/07 was custody and averaging those who had 1-2 and 3-10 prior custodial sentences; those with more than 10 custodial sentences were treated as having had 11 prior such sentences.
84. A pilot exercise was due to get underway in June in the Lothians and Borders Sheriffdom, which will provide for the majority of courts (but not those in West Lothian) to have access a lesser form of DTTOs for use with lower tariff offenders. This sentence option will be available to justice of the peace courts in the pilot area.
85. The report of the Review of Community Penalties published last November signalled the Government's intention to legislate for a new version of Community Service Orders, which will embrace Supervised Attendance Orders. The intention is that the revamped CSO, which will no longer be a direct alternative to custody and will comprise between 20 and 300 hours of unpaid work, will be available to all courts including the JP courts.