Presumption against jail sentences of up to a year approved by MSPs

Plans to introduce a presumption against short-term jail sentences of up to one year have been backed by MSPs despite concerns.

Members of Holyrood's Justice Committee said the measure by itself will not bring about a "substantial decrease in prison population''.

They also voiced concerns about whether the Scottish Government would provide "sufficient additional funding'' for community sentences, if these are to be imposed instead of short periods of imprisonment.

Despite these concerns, members of the committee voted by seven to two in favour of the change, which is being brought in by the Scottish Government.

Committee convener Margaret Mitchell and fellow Tory MSP Liam Kerr voted against.

The committee report revealed MSPs had "agreed the proposed changes to the presumption against short sentences by division''.

The Scottish Government has already introduced a presumption against courts handing down sentences of three months or fewer, with this having been in place since February 2011.

But with Scotland having one of the highest prison population rates in Europe - with 140 people per 100,000 behind bars compared to 65 in Norway - ministers are looking to take further action.

Justice Secretary Humza Yousaf said extending the presumption against prison to sentences of up to one year was "one part of a broader approach to preventing reoffending and reducing victimisation''.

MSPs found "this single measure will not in and of itself result in a substantial decrease in prison population in Scotland''.

They added "at best'' the change - which still has to be approved by the Scottish Parliament as a whole - "may help reduce churn in the prison system'', explaining this was a measure of how fast the prison population turns over.

While the Scottish Government has pledged an extra £5.5 million of funding for community sentences in 2019-20, the committee said there were "still a number of questions'' as to whether this cash "will provide sufficient additional funding to support community sentences and the preparations for extending the presumption against short sentences, or whether this will merely meet existing demand''.

Mr Yousaf said: "I welcome the Justice Committee's support for our planned reforms and am grateful to all members, and to all those who contributed with written and oral evidence to its scrutiny.

"Extending the presumption, promoting more effective community-centred sentences over short sentences, is one part of a broader approach to preventing reoffending and reducing victimisation and I hope that Parliament will confirm its support when it votes on the order next week."