Sentencing G Hughes

Learning Outcomes Describe the sentencing policy in Scotland Explain types of non-custodial sentences Give examples of these sentences. G Hughes

Types of Sentence A person found guilty of a crime in Scotland can be given a custodial sentence of detention in a prison or Young Offences Institution, or a non-custodial sentence served in the community. G Hughes

Arguments FOR non-custodial sentences - More appropriate for some types of offences where the offender poses no harm to the community. - Will not increase overcrowding & be a drain on taxpayers money. -Makes offenders take responsibility for their actions and compensate (give something back) to the community. G Hughes

Argument AGAINST non-custodial sentences -Programmes of rehabilitation in prison can be effective -People can re-offend when given community programmes (71% of those on RLOs (tagged) re-offend within two years). - non-custodial sentences are seen as ‘soft’ option – don’t deter criminals. -Prison protects society and keeps communities safe G Hughes

Types of Non-Custodial Sentences. There are several, some include: Fixed Penalty Notice Fine Community Reparation Order (CRO) Anti-Social Behaviour Order (ASBO) Restriction of Liberty Order (RLO) – Tagging G Hughes

Community Reparation Order (CRO) This is a fairly new sentencing option that forces offenders to make amends for antisocial behaviour by doing unpaid community work. They can be used to deal with relatively low-level antisocial crimes that are heard without a jury in the district and sheriff courts. They focus specifically on making reparation for antisocial behaviour by providing between ten to 100 hours of unpaid work. G Hughes

Justice Minister Cathy Jamieson (now Kenny MacAskill) said: "The Executive is committed to giving the courts access to the widest possible range of sentencing options - helping ensure each sentence fits the crime, and creating a swifter, smarter justice system. "Community Reparation Orders are an excellent example of this. An individual placed on an Order will be forced to make amends to their local community by carrying out ten to 100 hours of unpaid work. That could mean that the yob who smashed a window spends a week repairing windows - putting something back to the community while giving them an opportunity to enhance their life skills.” G Hughes

Anti-Social Behaviour Order (ASBO) An Anti-Social Behaviour Order or ASBO in the United Kingdom and the Republic of Ireland is a civil order made against a person who has been shown to have engaged in anti-social behaviour. G Hughes

What is anti-social behaviour? Anti-social behaviour (ASB) includes a range of problems: noisy neighbours, abandoned cars, vandalism, graffiti, litter and intimidating groups. It creates an environment where crime can take hold and affect people's everyday lives. An anti-social behaviour order is an Order of the Court which tells an individual over 12 years old how they must not behave. This can include banning people from playing loud music or visiting certain areas Breaking an ASBO can mean a prison sentence. G Hughes

Criticisms of ASBO’s In the UK, there has been criticism that an ASBO is sometimes viewed as a 'badge of honour' by some younger people. Some claim that ASBOs are a failure due to being costly and slow to obtain. Further, they say that the courts use them too hastily, before alternative remedies have been tried. G Hughes

Tagging The offender is placed on a curfew and restricted to a named place (usually home) for 12 hours a day. They can also be excluded from certain areas for up to a year. Offender wears a transmitter (electronic tag) on their ankle or wrist that alerts a control room if the offender is outside the permitted zones! G Hughes

In 2005 Jermaine Pennant wore a tag playing football for driving offences. G Hughes

Police Fines The Police use fines as a way of punishment for less serious offences which wouldn’t involve going to prison. The Fines can also be handed out in the form of compensation to a victim. If found guilty of crimes such as common assault the guilty part may have to pay more fines in terms of court costs e.g. Paying for the victims lawyer charges. G Hughes

Police Fines Cheryl Cole was fined £500 in 2003 for assault which was paid to the victim as “damages”. She also had to pay £3000 in court charges. Pete Docherty was fined £750 in 2006 for assault. £250 was paid to the victim as “damages”. He was also fined £200 worth of court charges. G Hughes

Fixed Penalty Notices Fixed Penalty Notices (FPN) are handed out by police for low level anti-social behaviour. If a member of the public is charged with drunkenness, vandalism or parking offences they will be given a FPN. 40,000 FPN handed out in Scotland in The aim of these penalties is so court time isn’t wasted with low level offences. So the crime is punished on the spot. G Hughes

Proposals for Change The Scottish Prison Commission wants to move to more non-custodial community sentencing by ending prison sentences of less than 6 months and introducing: Supervised Bail Orders reducing the number of people in jail before trial Conditional Sentences with prison for not meeting conditions Progress courts reviewing people on community sentences. G Hughes

Non-Custodial Sentences “Some people think non-custodial sentences are ‘too soft’.” Give two reasons for and two reasons against this view. (4 marks) G Hughes

Some people think there should be more use of Anti- social Behaviour Orders (ASBOs) to reduce crime. Give one reason why some people think there should be more use of ASBOs to reduce crime. AND Give one reason why some people think there should not be more use of ASBOs to reduce crime. (4 marks) G Hughes