Short Prison Sentences

Marion Fellows Excerpts

Thursday 7th March 2019 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate the hon. Member for Lewisham West and Penge (Ellie Reeves) on securing this important debate. “Follow that” is still ringing in my ears; I will make an attempt. She gave a positive and persuasive argument for looking at 12-month prison sentences, talking about how squalid prisons do not help with rehabilitation, drug abuse or mental illness, and looking at the difficulties for prisoners of being released.

The hon. Member for Bromley and Chislehurst (Robert Neill), who chairs the Justice Committee, gave us the benefit of his time in the criminal justice system, although I should add that that was as a barrister. He talked about constructive punishment and the good use of public money, saying that prisons must reform and rehabilitate, and that the high rates of reoffending of those who serve short sentences have a social and monetary cost. The hon. Member for Enfield, Southgate (Bambos Charalambous) further exemplified some of the difficulties with short-term prison sentences. He talked about women and shoplifting, looking at the other side—why they commit such crimes and what we can do to prevent that. That is an important issue, which the Scottish Government have taken on board a bit. I will speak further on what we are doing in Scotland, which I know the Minister and the Secretary of State have been looking at.

The right hon. Member for South Holland and The Deepings (Sir John Hayes) gave a speech at odds with a lot of what had already been said. He spoke with real passion about how people who do bad things should get their just deserts. The abolition of prison sentences of up to 12 months is not about people not getting their just deserts; it is about an effective use of the prison estate and of public money that actually helps people not to reoffend. That is how we look at things in Scotland.

The Scottish National party is committed to smart justice and proportionate, just and effective responses. A focus on community sentences in place of short custodial sentences has helped to achieve a 19-year low in reconviction rates in Scotland, and it is encouraging to see the UK Government following Scotland’s lead in this area. Scotland has the highest imprisonment rate in western Europe, with 144 per 100,000 of the population incarcerated. The average length of prison sentences has increased by 21% over the last decade. For many individuals, however, prison is not an effective solution.

Individuals released from short sentences of 12 months or less are reconvicted nearly twice as often as those sentenced to a community payback order. It makes sense to look at community payback orders. Community sentencing has proven to be an effective tool in replacement of short sentences, as the statistics bear out. Between 2006-07 and 2015-16, the reconviction rate in Scotland fell by 5.4%, to a 19-year low, while the average number of reconvictions per offender has fallen by 22% over the last 10 years. Under the SNP Government, completion rates for community sentences have increased to 70%.

Around 7 million hours of unpaid work have been carried out since community payback orders were introduced, delivering real benefits to communities. In 2017-18, some 1.7 million hours of unpaid work were imposed as part of these orders, and the projects undertaken ranged from support for winter resilience to the refurbishment and redecoration of community spaces. I have seen many such things in my constituency—work that would not otherwise be done, improving how the community lives and works. Overall, recorded crime is at its second-lowest level since 1974, down 42% since 2006-07.

[Robert Neill]

I am grateful to the hon. Lady for giving examples of what has been very effective in Scotland. It is asserted that the public equate just deserts and punishment only with imprisonment. Does she agree that, when the public see community sentences in operation, they are often much more appreciative of the constructive way in which somebody is being punished while doing some good at the same time? The public are not as blinkered in their views as is sometimes suggested, once they see good schemes working.

[Marion Fellows]

Indeed. Several projects that have been undertaken are marked by plaques saying how that was done. It is really positive that people can see that there are other ways. The public are not necessarily bloodthirsty or looking for people to be locked up and the key thrown away. They want people to be better. I have been around Shotts prison in my neighbouring constituency and looked at the good rehabilitation work it does. It follows that, if prisons are full of people on short sentences, there will be less time and money available for real rehabilitative work within the prison system. While prison is still the right place for the most serious offenders, the extension of the presumption against short sentences to 12 months would help to ensure that prison was used only when the judiciary decided it was necessary, having considered alternatives.

The Scottish Government have spent quite a bit of money working on that basis, because it is important. I hope that this Minister will say that, if and when that happens in England, the UK Government will put money into the equivalent of the criminal justice social work services that we have in Scotland. It cannot just be said, “We won’t put people in prison and therefore we’ll save money.” Some money has to be put into the restorative justice system and community criminal justice. The Scottish Government have given additional funding for community sentences and women offenders, which includes additional provision for bail supervision for women. A number of years ago, there was a suggestion to build a new women’s prison in Scotland. That was stopped because what we are trying to do now is more preventive work and more work that does not separate women from their families, especially their children.

Lots of work has been done, and there are statistics proving that things such as workloads have gone down in the criminal justice system. The number of criminal justice social work reports submitted and social work orders issued both fell by 6%. That is another saving for the criminal justice system. There has also been a 7% drop in community payback orders recently.

In Scotland, we do things in partnership across the system, from local government all the way up to the national Government. The Scottish Government are committed to working with the Convention of Scottish Local Authorities, Social Work Scotland, Community Justice Scotland, local authorities and third-sector partners, which take a great deal of interest and do some of the work when it comes to preparations for community payback orders.

It is strange to me, standing here opposite the Minister, whom I might quote in a moment, that Conservative MSPs in Holyrood criticise the SNP’s approach. It is very encouraging to see the UK Government looking to follow Scotland’s lead in this matter. What exists in Scotland has sometimes been called “soft-touch justice” in a derogatory sense, but it is actually proving to be effective and a much better way to use our prison estate. As the Justice Secretary said last month:

“Why would we spend taxpayers’ money doing what we know doesn’t work, and indeed, makes us less safe?”

This Minister has said:

“My No. 1 priority is to protect the public. I believe that the best way of protecting the public is to reduce significantly, if not eliminate, the under 12-month prison population, because people on community sentences are less likely to reoffend than people who are put in custody.”

The Justice Secretary has also said:

“If we can find effective alternatives to short sentences, it is not a question of pursuing a soft-justice approach, but rather a case of pursuing smart justice that is effective at reducing reoffending and crime. That is the approach that I want to take in England and Wales.”—[Official Report, 5 February 2019; Vol. 654, c. 146.]

I am glad that there is almost unanimity across the House in this matter.

I believe that evidence was given to the Justice Committee by Karyn McCluskey, chief executive of Community Justice Scotland. She says in relation to Scotland:

“We have been on a prevention journey for the past 15 years. Short-term prison sentences do not reduce offending. It causes homelessness and breaks up any positive bonds”

that offenders may have. She continues:

“Our courts and prisons should not be de facto psychiatric hospitals. I have met people who would much prefer to go to jail: it’s much easier for them. We want to change society’s view of what works.”

I think that that is really where we all are.

I should just say that, in Scotland, prison sentences of less than 12 months are not being abolished. Sheriffs and judges retain the discretion to pass the most appropriate sentence based on the facts and circumstances of the case. The legislation states that the court should not pass a sentence of a period shorter than the stated presumption, but it may do so where it considers that no other method of dealing with the person is appropriate. We have to look at this. It will never be the case that one sentence fits all in any justice system, but the facts speak for themselves. A presumption of no prison sentence under 12 months would only benefit the prison estate and the people being sentenced.

Will the Minister confirm that this is not just a money-saving exercise and that money will be spent on the implementation of the presumption of no prison sentences under 12 months? Does he agree that more money spent in that respect would reap huge rewards in the prison system and in the criminal justice system more generally?