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Imprisonment

SENTENCING AND CRIMINAL PENALTIES IN SCOTLAND

Imprisonment

Imprisonment is a substantial penalty which should only be made available to the courts for a particular offence when it is merited by the seriousness of the offence. The availability of imprisonment is precedented for an enormous range of criminal behaviour e.g. where there is a clear threat to public health or safety or public order; personal violence; substantial loss or damage to property. Some areas where imprisonment should not be sanctioned include regulatory offences such as failing to complete a census form and byelaw offences. Imprisonment should generally be resisted for offences of strict liability - whilst it may be acceptable for a person to have committed an offence without any intention or fault, it would normally be excessive for that person also to be liable to imprisonment.

Page updated: Monday, August 2, 2004