Summary “Protecting Scotland’s Communities – Fair, Fast and Flexible Justice”
Scottish Government: 17 December 2008. >> report

Introduction

In December 2008 the Scottish Government Published “Protecting Scotland’s Communities – Fair, Fast and Flexible Justice”. This document was a direct response to “Scotland’s Choice – the Report of the Scottish Prisons Commission”. The latter report was significant in terms of heralding the potential for Scotland to make real changes in the way in which it deals with offenders, particularly those who are deemed as being persistent and at the lower end of the risk of harm spectrum. In July 2008 Sacro published a response to this report and also summarised the recommendations . This paper will summarise “Protecting Scotland’s Communities”, the document which sets out many of the intentions of the Criminal Justice and Licensing (Scotland) Bill, published on 6 March 2009, and which is currently working its way through Parliament.

Routes to Sentencing

The report sets out a number of routes to a more efficient and effective system of sentencing offenders in Scotland. These include:

• The proposed introduction of a Scottish Sentencing Council which would: aim to ensure that sentencing practice and policies are transparent, understandable, and inform the general public about sentencing policies and decision making.
• The use of “direct measures” by Police and Procurators Fiscal, as part of the Summary Justice Reforms, enabling them to avoid going through court processes, and provide alleged offenders with the “option” of avoiding same.
• The opportunity for Courts to “roll up” multiple cases for certain individuals in order to make court time more efficient.
• A greater presumption on the use of Bail, including Bail Supervision schemes, in an attempt to avoid alleged offenders being remanded in custody unnecessarily.
• Greater information provided to victims of crimes throughout the process of the alleged offender being brought to justice.

Community Payback

The report picks up on recommendations made by the Prison’s Commission and explains the principles of Community Payback. Namely: for the community; speedy; relevant, and visible to the community. This would be achieved by:

• Better information provided to Courts – the report acknowledges that the more accurate information courts have in relation to offenders, the better placed they will be to sentence them most effectively. This information will include: current risk assessment which will, where appropriate, inform Social Enquiry Reports; better/ greater use of court social work staff, and better use of IT systems between agencies involved in the court process.
• Paying back Communities – the report highlights two of the principles outlined by the Prisons Commission, namely:
• That custody should only be used when it is needed, to reflect the seriousness of the offence, and those who pose risk of harm, i.e. community sentences should  be “the norm” for less serious offenders, and
• That sentences served in the community should involve “payback”, and that those who have damaged their communities as a result of their offending should make reparation to those whom they offended against

• The report explains that there are currently too many short term sentences, and advocates the introduction of a new community sentence structure which will provide the courts with a punishment for offenders which will also address areas they require to change in their lives. The intention is that these community sentences will principally be a punishment, and not merely a “supportive intervention”. Current sentences of Probation, Community Service and Supervised Attendance Orders will be replaced with a new “Community Payback Sentence”. This new sentence will:
• Enable the courts to impose one or more of a range of options, including unpaid work; supervision; the requirement to take part in programmes to address offending behaviour, and/ or involvement in alcohol or drug interventions.
• Provide the option for an electronically monitored curfew, to be considered, following the breach of an order.
• Have the requirement for the “unpaid work and activity” component of the order (lasting between 20 and 300 hours), to be served within six months of sentence, unless dictated otherwise by the court.
• Enable Justice of the Peace courts to impose “unpaid work and activity” requirements of between 20 and 100 hours.
• Commence as quickly as possible (within 7 working days), following the imposition of an order.

Managing Sentences Effectively

The Prisons Commission encouraged the use of “progress courts” to be established in order to review progress and compliance with community sentences. These may be similar to those currently used alongside specialist drug courts and Drug Treatment and Testing Orders. The intention is to legislate for judges to have the option, when they impose a Community Payback Sentence, to require offenders to report back on progress, or otherwise. The theory is that judges will be able to monitor and motivate the offender, as well as take swift action when breach of an order is required.

Custody

The report describes the government’s vision of “end to end sentence management”, which responds to the needs and risks of offenders throughout their custodial sentence. It also advises that new legislation will assist the Scottish Prison Service and Local Authorities to more effectively manage offenders, which would require amendments to the 2007 Custodial Sentences and Weapons Act.

In relation to prisoner outcomes, the report focuses on the Prison Service’s Drug Strategy, Rehabilitation and Infrastructure. The government states in the report that it is committed to a zero tolerance approach to drug use and trafficking in Scottish Prisons. It also states that it committed to the key outcome of “reduced or stabilised substance misuse”, and cites a twin track approach to deal with this issue. The approaches are: to ensure effective security measures are in place to reduce the supply of drugs in to prison and, to support problematic drug users to address their dependency related issues by providing similar services to those provided within the community.

In relation to prisoner rehabilitation there is support for the SPS ongoing involvement in the Multi Agency Public Protection Arrangements (MAPPA), as well as continued use of the Integrated Case Management (ICM) process. In terms of the infrastructure of the prison estate the report details elements of the modernisation programme for the estate. These improvements include: the redevelopment of HMPs Edinburgh, Polmont, Perth and Glenochil; the two new prisons at Addiewell and Bishopbriggs; a new prison (HMP Grampian) to replace Aberdeen and Peterhead prisons, and the renovation of Shotts, and rebuilding of prisons in Greenock and Inverness.

Young People who Offend

The report supports early interventions to prevent offending and young people being dealt with within the Children’s Hearing System where possible and appropriate. In relation to young offenders in custody the report states it’s commitment to specialist facilities for younger offenders and ceasing having under 16 year olds in prison. It also advocates the use of interventions which allow them to remain in the community, such as Intensive Support and Monitoring Services (ISMS), where possible.

Structures. People and Communications

The report advises that the government is not intent on the creation of another community justice body; that people involved in the Criminal Justice System are key to the success of fair flexible and fast justice, and that it is vital that this system communicates with the community to get its messages across.

Community Reintegration

The report concludes by acknowledging that the reduction in reoffending is achieved by more than just a range of provision of services by and within the Criminal Justice System. Issues such as poor health and poverty impact on offending and these require to be tackled by a broader range of policies. There also needs to be more of awareness that major issues relating to reoffending such as housing, employment/training, and addressing issues related to mental and physical health are delivered by agencies outwith the Criminal Justice System and, as such will require support from within that system.

Tim Richley
Criminal Justice Advisor
Sacro
March 2009