Prison sentences of under 12 months should be abolished, says quango

Prison sentences of under 12 months should be abolished or restricted to “only the most exceptional circumstances”, Scotland’s justice quango has said.

Community Justice Scotland (CJS) said plans to strengthen the existing presumption against short-term sentences did not go far enough.

It said around 1,080 people in Scotland are serving a sentence of under 12 months on any given day.

The Scottish government is proposing a number of justice reforms | John Devlin / The Scotsman

Elsewhere, it raised concerns that planned reforms will put an “incredible strain” on the community justice system if there is not sufficient investment.

It made the comments in a submission to a Scottish government consultation on prison reform, which contains proposals aimed at reducing chronic overcrowding.

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These include bringing forward the automatic early release point for all long-term prisoners, including those convicted of crimes like rape or attempted murder.

Meanwhile, the presumption against short sentences would be strengthened, to make it clear they should only be used as a “last resort” and to expand this to cover sentences up to two years.

In it submission, CJS said there was a need for a “fundamental shift in the way we deliver justice across Scotland as a result of pressures on the prison population, courts, policing and community justice providers”.

It added: “As a result, CJS feel that merely strengthening the presumption against short-term sentences (PASS) does not go far enough, and that sentences of under 12 months should be abolished or restricted to only in the most exceptional circumstances, and PASS extended to 24 months.

“CJS understand that, in circumstances of gender-based violence and sexual harm, sentencing for such periods may remain required. To support improved delivery in this area, specialist domestic abuse courts should be available across Scotland.”

The quango said it was clear the existing presumption “has not produced a definitive shift in judicial behaviour and courts are continuing to issue a significant number of sentences under 12 months”.

It added: “We would therefore urge consideration to the abolition or restriction of 12 months sentences, except in the most exceptional circumstances, alongside specialist courts for domestic abuse.”

CJS said the wider reforms put forward by the government “could lead to a significant change in Scotland’s approach to sentencing and release from prison”, but warned this would require extra investment.

“As we have indicated above, this will have a significant impact on the community justice system, with an increasing number of people either received a community sentence, being granted bail, or being released from prison to serve their sentences in the community,” it said.

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“Given current pressures facing community justice partners and services, there will need to significant additional funding and reorganisation of the system to enable this.

“Without this, services are at risk of being overwhelmed, the quality of interventions and services will deteriorate and the whole shift away from prison will be jeopardised.

“Changes to release periods and definitions of long-term prisoners, will also mean more people entering communities with significant support and supervision needs and local services will need to be prepared, adjust and adapt accordingly.

“Similarly, if the judiciary are not confident that offending behaviour, including breach and non-compliance, can be addressed effectively in our communities then they will continue to use imprisonment for those who do not need to be in prison and could instead be managed safely in our communities.”

Justice Secretary Neil Gray said: “We have demonstrated our commitment to community justice with an additional £10 million this year, building on the £25 million of extra funding provided over the previous two years.

“This brings total investment for 2026-27 to £169 million, recognising the important contribution these services make to Scotland's justice system.

“We know that any increase in community-based interventions would need to be appropriately resourced.

“Community justice services play a vital role in supporting rehabilitation, helping people reintegrate into their communities and reduce reoffending, and we will continue to work closely with partners as part of the consultation process.”