By Chris Green
A major shake-up of sentencing and prison policy could see wealthy Scots hit with higher fines for antisocial behaviour and elderly inmates released earlier.
The recommendations are contained in a report from the Scottish Sentencing and Penal Policy Commission, set up to examine ways of addressing the nation’s “overcrowded and overstretched” prison population.
The report, entitled Justice That Works, warns that without such reforms, Scotland’s justice system could become “neither sustainable nor effective”.
It says that Scotland should try to reduce its prison population by almost a third, bringing it into line with the European average.
This would involve the number of inmates falling from the current record high level of almost 8,500 to around 5,750, with the report acknowledging that to achieve this, change will be needed “at every stage of the system”.
Last year it was confirmed that several prisons, including HMP Edinburgh (pictured), were dangerously overcrowded.
One of the new report’s headline recommendations is for the Scottish Government to consider discouraging judges from issuing prison sentences of less than two years.
To reduce pressure on courts, it also says ministers should consider allowing police to create “higher tiers” of fines for antisocial behaviour, which would be “proportionate to an individual’s ability to pay”.
Under the current system, fixed penalty notices can be issued by police officers for low-level offences, without the need for a referral to the prosecution service.
Fines for antisocial behaviour include alcohol-related offences and breach of the peace, but the report points out that since they were introduced in 2004, the penalty payable has remained at only £40.
It adds: “Some have suggested an option allowing police to offer a higher rate of penalty in circumstances where the person does have ability to pay, and which may act as a more appropriate penalty/deterrent.”
It also sets out a range of measures designed to reduce the number of elderly people in prison, which has more than doubled over the past decade.
This includes the potential expansion of the policy on compassionate release, so prisoners would not need to have a terminal illness to qualify.
Instead, “ageing health” and “need of social care” could be enough for an older prisoner to qualify for release on compassionate grounds, a mechanism which is currently only used in rare circumstances.
The report says that were the criteria for compassionate release to be widened, it is “likely” that some elderly or infirm prisoners currently in jails could be freed.
“We recommend that those who are elderly, dying or suffering dementia (as well as potential additional illnesses) should be considered for removal from prison on compassionate grounds,” it adds.
Scottish Prison Service spokesperson
The report also says that all prisoners over the age of 60 should be given a “routine assessment” to determine whether they could be safely transferred out of jail and into other community settings, such as care homes.
A Scottish Prison Service spokesperson said it was important to consider the needs of elderly inmates, given the size of the population behind bars.
They said: “We have an extremely high and complex population, with eight prisons at red risk status, and this continues to place significant pressure on our staff and the time available to them to do the important work in supporting people, building relationships, reducing the risk of reoffending, and creating a safer Scotland for all.
“Part of this complexity is an increasingly ageing population, requiring additional health, social care, and mobility support, and it is right we consider how best we meet their risks and needs.”
Responding to the recommendation on expanding compassionate release, Scottish Conservative justice spokesperson Liam Kerr said: “The SNP’s reckless early-release agenda has already treated victims with contempt and weakened confidence in our justice system.
“Expanding ‘compassionate’ release to elderly offenders risks letting serious criminals out just because they have become ‘elderly’ while serving lengthy prison sentences.
“Custodial terms must mean what they say – public safety and honest sentencing must come first.”
Justice Secretary Angela Constance said: “I welcome the commission’s work and thank them for their comprehensive review and swift action on a complex area.
“This important work highlights the need to take a bold, collaborative approach across a number of areas, to reduce the reliance on custody, and to achieve a sustainable prison population over the longer term.
“The breadth of recommendations requires detailed consideration and prioritisation, and it will be for a new government and parliament to take bold decisions and future changes.”