THE time is right to assess the use of prisons in Scotland, a government consultation document has said.
Ministers have launched a 12-week consultation on the reform of bail and custody use in Scotland, and are asking for the public to share their views.
The consultation is looking at ways to increase chances of rehabilitation and reintegration of offenders and puts forward a number of proposals which could form the basis of future legislation.
A bill is due to be laid before Holyrood in the first year of the parliamentary term and will include explicitly requiring a court to consider electronic monitoring before refusing bail.
READ MORE: Scottish Tory MSPs raking in a combined £325k from second jobs
Increasing the power of Scottish ministers to release “groups of prisoners in exceptional circumstances” and improving throughcare standards for offenders leaving prison, are also included in the document.
It also detailed more than 30 questions for respondents, The report said: “We believe the time is right to reassess the role that prisons and the use of imprisonment should play in a modern and progressive Scotland.
“A justice system which more effectively addresses the reasons why people offend and provides greater opportunities for rehabilitation benefits all of us and will lead to fewer victims in the future.”
Justice Secretary Keith Brown said: “Our overarching aim for the justice system in Scotland is to improve public safety, support victims and reduce rates of victimisation.
“The proposals in this consultation support that aim. We cannot simply keep using imprisonment to address wider societal harms. Indeed, in some cases such use can exacerbate the harm.
Justice Secretary Keith Brown launched the consultation on Monday
“This consultation asks important questions about how custody should be used in Scotland now and in the future, with a focus on reducing crime and reoffending and keeping people safe.”
Scottish ministers do not currently have the power to release certain groups of prisoners if it is found they cannot be housed within the prison estate, such as is the case in other parts of the UK.
During the pandemic, that power was built into emergency legislation, in a bid to protect from outbreaks within prisons.
But the report points out that the power would not be available for a reason other than Covid-19.
“Should it ever be necessary to release a group of prisoners in response to exceptional circumstances which put the security and good order of a prison or prisons at risk (such as another public health emergency, or catastrophic damage to a prison due to fire or flooding, resulting in it being unsafe for habitation or overcrowding), the powers under this Act would not be available,” the report said.
It added: “It is essential that our prisons are safe and well run – to ensure the well-being of prisoners and staff.
READ MORE: Northern Ireland Protocol: EU and UK talks continue this week
“In circumstances where prisons become unsafe and put those living and working there at risk, it is the duty of Government to act to restore good order and enable the prison authorities to manage the situation effectively.”
The government also proposes a change to the point where prisoners on short sentences could be released, with a suggestion in the document that this could come one-third of the way through their sentence as part of a more “flexible” system, provided they meet certain criteria and are subject to release conditions.
Kate Wallace, Chief Executive of Victim Support Scotland, said: “It is paramount that offending behaviour within communities is taken seriously and handled appropriately, while also ensuring public protection and victim safety remain at the centre of the process.
“Victim Support Scotland will be responding to this consultation in due course to ensure this.
“It is really important that a wide range of views are gathered via this consultation and we would encourage as many people as possible to submit their views.”
Meanwhile, Scottish Tory justice spokesman Jamie Greene (pictured) described the idea as “reckless”.
He said: “If the SNP truly wanted to do something for victims, they would back the Scottish Conservatives’ calls to end automatic early release.
“Instead, they are intent on letting rapists and killers back on our streets after serving only a small fraction of their sentence.
“The SNP Government must stop stacking the odds in criminals’ favour and start putting victims first.”
You can read the full consultation document and how to respond on the Scottish Government’s website here.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here