Response 362627118

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Davie
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PAGE ONE

1. Should the presumption against short periods of imprisonment of three months of less be extended?

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Yes
No
You may wish to provide information to support your views, for example, what do you consider to be the key factors for or against the proposal?
Short sentences simply do not work and are not of best value. They cause disruption and the social/familial bonds that they break outweigh any punitive element 'gained'.

2. If you agree that the presumption against short periods of imprisonment should be extended, what do you think would be an appropriate length?

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6 months
9 months
12 months
Comments
Assuming that automatic release at the halfway stage remains.

3. Do you have any specific concerns in relation to a proposed extension of the period covered by the presumption against short sentences?

Comments
Not especially although I think that teh discussio should be extended to include the proper support of alternatives to remand which is particularly problematic amongst the female prison population.

4. Do you think there are any specific circumstances to which a sentencing judge should be required to have regard when considering the imposition of a custodial sentence?

Comments
Whether or not all appropriate community-based alternatives have been considered. Remand not to be conssidered for substantice matters that in themselves would not attract a custodial sentence.

5. Do you think there are specific offences to which the presumption should not apply (i.e. offences which could still attract a short custodial sentence)?

Comments
No, there will always be exceptions and specific personal circumstances that warrants consideration.

6. Do you think that there are any circumstances in which a custodial sentence should never be considered?

Comments
Acquisitive offending less that a certain value (?)

7. Do you think that the Scottish Government should also consider legislative mechanisms to direct use of remand? If so, do you have any views on what such a legislative mechanism might include?

Comments
As mentioned above, this is potentially a bigger issue than PASS. Diversion from Prosecution has unparalleled outcomes in local services (Ayrshire) as does SDS (Structured Deferred Sentences) but a lack of committment to long-term funding limits their development. Scot Gov has to give proper consideration to effective and early intervention in the CJS. In these smaller services, you feel taht you are only one job move away from a precipice (whether that be a sympathetic PF, Sentencer or Senior Manager)

8. Do you have any additional comments on the use of short-term imprisonment?

Comments
none