Praise for plans against jail terms of less than 12 months

A former top law officer has praised Scottish Government plans for a presumption against the courts handing out prison sentences of less than 12 months.

One-time Advocate General for Scotland Lord Wallace, a former Scottish Justice Minister who is now a Liberal Democrat peer, said: This is a welcome and imaginative extension of the presumption against short sentences.

Of course public safety is paramount, but a range of community-based sentences appear more likely to reduce re-offending than short terms of imprisonment, where effective rehabilitation programmes can be difficult to implement.''

The chief inspector of Scottish prisons and penal reform organisations also welcomed the plan revealed in the Scottish Government's legislative programme.

HM Chief Inspector of Prisons for Scotland David Strang, who previously called for the extension from the current three-month cut-off point, said: The evidence is clear that a short sentence is not effective at reducing offending.''

Former first minister Henry McLeish, who chaired a commission into the future of Scottish prisons in 2008, said prison was the right place for serious offenders'' but highlighted that 60% of offenders imprisoned for three months or less are re-convicted within a year.

He said: 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.

In extending the existing presumption period could be of significant help to the prison service, provide more effective and appropriate help for those who are not a threat to society and with further investment in community alternatives, help cut reoffending.''

Ex-justice secretary Kenny MacAskill also welcomed the announcement but stressed that resources and acceptance by sheriffs would be vital''.

Director of the Prison Reform Trust Peter Dawson said England and Wales could learn'' from the move which wouldreserve prison for those that really need it''.

He added: What a difference a similar presumption in England and Wales could make - safer communities and safer prisons.''

The Howard League for Penal Reform praised the plans but called for a significant shift of resources from custody to community-based responses to offending''.

A spokesman added: Sentencers, victims and the wider public need to have confidence that there are credible, properly resourced community-based disposals for those who might otherwise receive a short custodial sentence.''

The organisation also welcomed plans raise the age of criminal responsibility from eight to 12 and to reform legislation governing the disclosure of previous convictions