Commissioner responds to Scottish Government consultation on plans to reduce the prison population

The Scottish Biometrics Commissioner Dr Brian Plastow has today responded to the above consultation.

The consultation seeks views on a set of proposed reforms to the criminal justice system in Scotland, building on the recommendations of the Sentencing and Penal Policy Commission and seeking to reduce the demand for prison places where appropriate.

Whilst supporting many of the proposals, the Commissioner is concerned that persons convicted of domestic abuse and sexual offending have not been excluded from community sentencing options, the presumption against short sentences of 24 months or less, or proposed changes to summary sentencing powers.

The Commissioner holds to the view that persons convicted of domestic abuse and/or sexual offending should be excluded from soft sentencing options to help address the national emergency of male violence towards women and girls in Scotland. He argues that some of the proposed options, including alternatives to prison and early release are not appropriate in such cases and diminishes the seriousness of such crimes. They also neglect the perspectives of victims and send the wrong message to society.

The Commissioner is concerned that not exempting such offenders may be counterintuitive to Scotland’s Violence Against Women and Girls (VAWG) Strategy and potentially creates a ‘rapists charter’ for Scotland. The Commissioner is calling for a strategic re-think by Scottish Government on the applicability of some of the proposed measures to perpetrators of domestic abuse and sexual offences. Otherwise, the Commissioner supports most of the proposals.

The Commissioner’s full response will be available on the Scottish Government Website once the consultation period closes.