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Alternatives to Custody

Not all offenders who are found guilty by a criminal court end up in prison. In Scotland criminal courts have available to them a range of Community Disposals (also known as alternatives to custody) to deal with individuals whose offending does not warrant a custodial sentence or whose offending behaviour can be better dealt with by sentences and programmes available in the community.

The most serious of offenders who commit the most serious offences should always be sent to prison. But for many offenders, who pose no real harm to society, there is no real justification for a custodial sentence. It is understood within our society that crimes should be punished, but many crimes can receive appropriate punishment in a community setting. Indeed, punishment is always a major element of community sentences, combined in many cases with some form of personal development work, the intention being to address the causes of offending behaviour and to help the individual break the cycle of crime and punishment.

Of course, sentencing in each individual case is always a matter for the Court and the Executive has no locus to intervene in matters of the Judiciary. We do however have a responsibility to make available to sentencers as wide a range of sentences as possible to ensure that an appropriate disposal is available for all types of offenders.

This section provides information on the range of Community Sentences that are available to Courts in Scotland. Use the navbar on the left to access the sentences you are interested in. You might also be interested in looking at the web-sections on Drugs Crime, Youth Crime and Female Offenders.

Page updated: Tuesday, August 7, 2007