Justice 2 Committee welcomes Custodial Sentences and Weapons Bill
CJ2006/2006 | 22 December 2006
A bill which aims to end Scotland’s current system of unconditional automatic early release of prisoners has today been welcomed, by majority, in a Stage 1 Report by the Scottish Parliament’s Justice 2 Committee.
Report Volume 1 (pdf 2 MB)
Report Volume 2 (pdf 749 KB)
The committee is however calling on the Scottish Executive to provide further clarity on a number of issues and questions surrounding proposals in the Custodial Sentences and Weapons (Scotland) Bill particularly relating to the management of sentences.
Committee Convener David Davidson MSP said:
"The Committee, after consideration, welcomes this bill and its underlying objectives, particularly the end to automatic unconditional early release.
"The Committee also supports any action which might have the effect of reducing the incidence of knife crime in Scotland and recognises that the measures in this Bill are part of a wider picture of measures designed to combat knife crime.”
The evidence heard by the Committee supported the aims of the bill, however it suggested that in relation to the confinement and release of prisoners there are a number of matters on which clarity is required and questions remain about how the proposals in the Bill will actually work in practice.
The Committee, by majority, agreed to the general principles of the Bill on the basis that the detail and clarification requested will be provided during the passage of the Bill.
The main points in the report are as follows:
The Committee:
- seeks a clearer explanation for the 15 day cut-off as the threshold for applying the custody / community sentence regime.
- invites the Minister to consider, in light of the evidence received, whether the Bill might in fact alter sentencing practice or have unintended consequences such as sentencers being asked to take account of the same factors twice.
- shares the apprehensions of many witnesses about whether the thresholds set by the Bill will provide for the most effective targeting of resources and seeks greater clarity about the risk assessment process and who will undertake the assessments.
- is concerned that the evidence suggests that for the vast majority of released prisoners, who may not pose a risk of serious harm, but who may well pose a significant risk of re-offending, the type, quality and scope of post-release support and supervision proposed is very unclear.
- is not wholly convinced by the different test for breach of licence and recall to custody, particularly in relation to the management of those who do not comply with licence conditions but who do not present a risk of serious harm.
- is concerned that the continued existence of Home Detention Curfew as an option in this Bill is likely to lead to a lack of clarity and transparency.
Colin Fox dissented on recommending that the Parliament agrees to the general principles of the Bill. David Davidson abstained.
The Stage 1 debate of the Custodial Sentences and Weapons ( Scotland) Bill in the Chamber is expected to take place early in the New Year.
Background Notes
The Custodial Sentences and Weapons ( Scotland ) bill aims to replace automatic release with a new system of combined custodial and community sentences and provide that all offenders be under some form of restriction for the whole sentence.
The second main purpose of the bill is to introduce a mandatory licensing scheme for the commercial sale of non-domestic knives and restrict the availability of swords.
The contact for members of the media is:
Richard Holligan: 0131 348 5605
E-mail: richard.holligan@scottish.parliament.uk
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Justice 2 Committee contact details
For public information enquiries, contact: 0131 348 5000 or 0845 278 1999 (local call rate)
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email: sp.info@scottish.parliament.uk
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