‘Proper payback instead of prison is no cheap option’: Experts warn that community justice has to be paid for

A MOVE to end short prison sentences and have more offenders working in the community must be properly funded or risk losing public support, according to experts.

Justice Secretary Michael Matheson last week announced plans to introduce a presumption against prison sentences of up to 12 months in Scotland’s courts.

Around 11,000 people each year are sentenced to a jail term of less than 12 months but the effectiveness of short jail terms in rehabilitating offenders has been questioned.

However, experts warn community payback schemes, such as picking litter, must be properly funded and evaluated.

One sheriff, speaking anonymously, claimed the system, “with current resources simply could not cope”.

Mike Callaghan, of COSLA, the umbrella group for Scotland’s councils, said: “Community sentences are managed by local authorities.

“Therefore, it will be essential the funding formula to resource community sentences matches the real cost of the increased use of community payback orders.”

Tom Halpin, chief executive of community justice organisation Sacro, said effective community-based alternatives to short-term jail sentences are not an easy option.

He said: “Short prison sentences are known to be ineffective in reducing reoffending.

“However, the public and the courts must trust the effectiveness of community sentences and that will require resources.

“If someone is not in jail when previously the public would have expected them to be, public support will support this if they have confidence the alternative does address the offender’s behaviour.

“The real challenge is for the Government to ensure capacity is available for local authorities to deal with these sentencing alternatives and offer stability and support to schemes proving most effective.”

Just over 16,000 Scots completed some form of community sentence in 2015/16, with 11,195 offenders sentenced to 12 months or less in the same year.

Courts will be issued guidance that presumption should be for a community-based sentence first.

There has been some concern those guilty of serious crimes, including robbery, could be spared jail under the new regime.

More than 12 Community Payback Orders were revoked every day last year, according to the latest Scottish Government figures.

Around a third of the breaches resulted in the criminal being jailed, but 28% simply had a new order imposed, while “another outcome” was found for 23%.

One sheriff told The Sunday Post: “Waiting times for community sentences are lengthy, and with current resources, simply could not cope with an expansion.”

And Justice Secretary Mr Matheson said: “The evidence is clear – community sentences are more effective than short prison sentences. Individuals released from a custodial sentence of 12 months or less are reconvicted nearly twice as often as those who are given a Community Payback Order.”

The Sunday Post asked to speak to Karyn McCluskey, chief executive of Community Justice Scotland, the quango promoting community justice, but got no response.