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Housebreakers could dodge jail under new plans

Michael Matheson said he would like the criminal justice system to use prison less frequently
Michael Matheson said he would like the criminal justice system to use prison less frequently

Housebreakers and people caught with offensive weapons are among the criminals who could dodge jail under controversial new Scottish Government plans.

Justice Secretary Michael Matheson has announced that he wants sheriffs to avoid imprisoning people for six months or under.

Currently sheriffs have a presumption against sentences of three months of less, but the government has been accused of “pandering to criminals” by proposing to double that.

The Scottish Conservatives said more than 5,000 people were jailed for between three and six months last year – all of whom would stand a chance of escaping jail under the new proposals.

The statistics include 874 common assaults, 184 drug crimes, 164 cases of handling an offensive weapon, and 210 break-ins

In 2013/14 there were even 13 occasions when attempted murder and serious assaults were dealt with by way of a custodial sentence between three and six months, along with 12 sexual assaults.

Scottish Conservative justice spokeswoman Margaret Mitchell said: “Custodial sentences of any length protect public safety and deter criminals from offending.

“They also punish them if they do offend and provide crucial rehabilitation to ensure they do not repeat these patterns of behaviour on release.

“Extending the presumption against short-term sentences simply gives offenders the impression that their crimes aren’t serious enough to go to jail.

“Victims deserve a justice system that advocates for their interests instead of pandering to those of criminals.

“The Scottish Government needs to get a grip.”

Currently 66% of those jailed in Scotland receive a term of six months or less.

Mr Matheson said : “Prison will always be the right place for serious offenders who should be punished appropriately.

“Short sentences do nothing to stop reoffending in our communities and only result in offenders going in and out of prison time and time again and reoffending upon release.

“This isn’t about being ‘soft’ or ‘tough’, it is about being ‘smart’ and acting on the clear evidence in front of us.”