Pay the Full Price for Your Crime

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Published: 10 October 2006

Pay the Full Price for Your Crime

A Bill to end the current system of automatic and often unconditional early release and ensure offenders are subject to restrictions for their entire sentence was published.

The Custodial Sentences and Weapons (Scotland) Bill, now introduced to Parliament, will also impose new curbs on the sale of non-domestic knives, including a ban on the general sale of swords.

Justice Minister Cathy Jamieson said:

"This Bill strengthens the criminal justice system to further improve public safety and confidence in two areas which have rightly generated considerable debate.

It builds on our recent and on-going work to strengthen the management of offenders, to reduce re-offending while cutting overall crime, and to give greater support and confidence to those who are victims of crime."

The Bill provides for a combined custody & community sentence that ensures all offenders serving 15 days or more will be under licence conditions when serving the community part - and face a return to jail for serious breaches of those conditions.

The custody "punishment" part must be set as a minimum 50% of the overall sentence, but could be increased by the sentencing judge or later by the Parole Board if it concludes that an offender poses a risk of serious harm to the public and should be detained longer.

Ms Jamieson said:

"We will ensure that in future all offenders face restrictions for the full length of their sentence - in prison and in the community.

We will replace the current inflexible and discredited system with one that has public safety at its heart and delivers clarity and certainty in sentencing.

A sentence will mean what it says and for both victims and offenders the effect of this will be clearly spelt out in court.

This is not about longer jail terms for every prisoner. But equally offenders can no longer assume they will walk free at an arbitrary point of their sentence regardless of behaviour or without conditions.

They should also be in absolutely no doubt that those who deliberately flout licence conditions will now face spending the rest of their sentence in prison.

These reforms are about offenders but they are for the public. They will ensure more effective management of all prisoners in custody and on release, and better target those who continue to pose the greatest risk."

This Bill will also introduce a licensing system for retailers selling non-domestic knives and a ban on the sale of swords other than for legitimate religious, cultural and sporting purposes.

The new regime will be backed with strong enforcement, including extended powers of entry and seizure for police and trading standards officers where they have reasonable grounds to suspect an offence has been committed.

The Minister added:

"Last month's recorded crime figures showed these are continuing to fall, with violent crime last year falling to its lowest level since devolution.

However, we are not complacent and with new restrictions on the sale of dangerous weapons we can help prevent more of them falling into the wrong hands.

We will make it illegal for anyone in Scotland to sell a sword, subject to a limited number of exceptions, and require any business selling non-domestic knives and swords to abide by strict licence conditions.

This adds to the range of measures we are taking in partnership with the police and Violence Reduction Unit to stamp out the blades menace that has claimed too many lives and scarred many others in Scotland."

Welcoming the Bill's provisions, David McKenna, Chief Executive of Victim Support Scotland, said:

“Victims and communities will have greater confidence in sentencing. They will know that the risk of re-offending will continue to be assessed throughout the sentence in prison and in the community.

And rightly this Bill signals that knife crime will not be tolerated in Scotland. This legislation can save lives and make all our communities safer."

Detective Chief Superintendent John Carnochan, head of the Violence Reduction Unit, added:

"We welcome the licensing scheme for non-domestic knives introduced in the new legislation and the restriction it places on the sale of swords.

This is another important step forward in the continuing fight against knife crime and trying to break the culture of violence and knife carrying particularly.

Evidence shows that swords cause horrific injuries and the restrictions introduced by the Bill will hopefully have an effect on reducing the number of victims who are injured with such weapons."

The current arrangements for releasing offenders are set out in the Prisoners and Criminal Proceedings (Scotland) Act 1993:

· Currently all offenders sentenced to less than four years spend half the term in prison and are freed at that stage regardless of their behaviour or potential risk, and in most cases without conditions

· The Management of Offenders (Scotland) etc. Act 2005 ended unconditional early release for sex offenders sentenced to between 6 months and four years, making them subject to licence conditions and supervision after custody

· Currently offenders sentenced to four years or more may be released on licence at the half-way point of sentence if directed by the Parole Board

· If not released at that stage, or later, on parole, they are released on licence automatically at the two-thirds point of their sentence

First Minister Jack McConnell pledged in 2004 to end the current system and, building on Sentencing Commission recommendations, Ms Jamieson unveiled the Executive's proposals on June 20 this year.

Under the new system, a custody-only disposal will be imposed on offenders sentenced to less than 15 days, while those serving longer sentences will do so in prison and the community. The effect of every sentence must be explained clearly in court.

The custody part must be set at a minimum 50% of the overall sentence, but may be increased to up to 75% by the judge, or up to a similar proportion by the Parole Board if it considers an offender poses a serious risk of harm to the public.

Licence conditions will be used to support offenders moving from prison into the community, as well as to manage risk. Such conditions could include a requirement to attend drug or alcohol treatment, restrictions on movement and travel, being subject to electronic tagging, through to close supervision by social workers of the police.

The changes build on broader reforms to the management of offenders, including the 2005 Act of the same name, the introduction of Orders for Lifelong Restriction for the most serious violent and sexual offenders, new conditions for short-term sex offenders sentenced to 6 months or more and a strengthened notification scheme for sex offenders.

The Bill will also require the Parole Board to ensure that someone representing victims is among its members.

Ms Jamieson said in June that Ministers' decision-making role in individual criminal justice cases would be reviewed and this will be conducted by a senior legal figure, supported by a small expert reference group.

The Bill also delivers the final two parts of the First Minister's 5-point plan on knife crime, announced in November 2004. The first three came into force last month under the Police, Public Order and Criminal Justice (Scotland) Act 2006:

· doubling the maximum penalty for those caught carrying a knife in public

· improved police powers of arrest for these offences

· an increase from 16 to 18 in the minimum purchase age for non-domestic knives

The Justice Minister announced the Executive's plans for further restrictions on sales of non-domestic knives and swords, including a licensing regime for retailers on August 14 this year.

The Executive is also tackling underlying factors that fuel violent crime, including reforming licensing laws to combat binge drinking and supporting longer-term efforts to challenge attitudes to knife-carrying, including the pioneering work of the Violence Reduction Unit.

Further information:

Violence Reduction Unit

Orders for Lifelong Restriction

Tackling Knife Crime 2006: A consultation

5-Point Knife Plan

Tough new curbs on blade sales

Risk Management Authority

Smarter Justice, Safer Communities: Summary Justice Reform - Next Steps

Sentencing Commission - The use of bail and remand

The Custodial Sentences and Weapons (Scotland) Bill

Prisoners and Criminal Proceedings (Scotland) Act 1993

The Management of Offenders (Scotland) etc. Act 2005