1. Crime and the Law The Prison System in Scotland

2. Today we will…
Identify the various alternative sentences which can be given in Scotland
Describe the purpose of using alternatives to prison.
Evaluate their effectiveness in combatting crime and re-offending.

3. Success Criteria
Describe the variety of different alternative sentences that can be given in Scotland
Describe the purpose of alternative sentences
Evaluate whether alternative sentences are more effective at dealing with crime than prison sentencing

4. Non-Custodial Sentences
Prison is reserved for the most serious offences or if no other method has been successful or seen suitable for a particular offender.
Some of the most commonly used alternatives to prison or non-custodial sentences are listed below:
Community Payback Scheme
Fines
Tagging / Curfew
Drug Treatment and Testing
Probation
Compensation

5. Why do courts use alternatives to prison?

6. Arguments for Alternatives:
One of the main sets of arguments for using alternatives to prison are the negative aspects and challenges facing prisons today
Overcrowding, cost, resources, rehabilitation failures
Other arguments focus on the success of alternative sentences:
Drug courts deal with the cause of crime (Substance misuse) but allow the offender to stay in society
Rehabilitation is another key factor associated with alternatives – looking at causes of criminal behaviour

7. Arguments for Alternatives:
Fewer people reoffend after being given community sentences compared to prison sentences (CS – 23% after 2 months / P – 31% after 2 months)
The cheaper cost of alternatives is another main argument in support of alternatives such as tagging which imposes some restrictions but at a fraction of the cost (less than £5,000)
Success of Restorative Justice. Many young offenders have taken part in schemes where they have met with the victims of their crime to help them understand the full consequences of their actions.

8. The arguments for Alternatives to Cut Reoffending:
Using your knowledge gained over the last few lessons, answer the following questions in sentences in your jotter.
Why might courts and the government be keen to reduce the prison population? Support your answer with evidence.
Why might reoffending rates lead people to question the success of prison in meeting it aims – punish, protect, deter and rehabilitate?
What can alternatives to prison offer that perhaps cannot be guaranteed inside prison?
Explain why the economy and cost may come into the sentencing debate.
Extension Task: How successful do you think prisons are at meeting their aims? Approach each aim separately. Choose – bullet points, written report, mind-map, table

9. National 4/5 Assessment Style Question
1. Scottish Courts often use alternatives to prison when dealing with offenders.
Explain, in detail, why Scottish Courts often use alternative punishments to prison when dealing with offenders.
You should give a maximum of three reasons in your answer
2. The use of the prison system has been criticised in recent years.
Explain, in detail, why the use of the prison system has been criticised in recent years.
You should give a maximum of two reasons in your answer. 6
Advantages of Alternatives
Disadvantages of Prisons