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Prisons Commission

20/09/2007

Justice Secretary Kenny MacAskill today announced that former First Minister Henry McLeish will be the chair of Scotland's new independent Prisons Commission.

During this afternoon's parliamentary debate on penal policy, Mr MacAskill confirmed that the Commission is to look at the purpose and impact of imprisonment in contemporary Scotland.

It is expected to report back by the end of June 2008 and will:

  • Consider how imprisonment is currently used in Scotland and how this fits with the Government's wider strategic objectives
  • Raise the public profile of this issue - providing better information to allow a deeper understanding of the options, outcomes and costs.
  • Compare the underpinning rationale with current law and practice, including the impact for courts, prisons and community justice services of early release provisions of the Custodial Sentences and Weapons (Scotland) Act 2007
  • make a report and recommendations by 30 June 2008

Mr MacAskill said:

"While the number of crimes recorded by police in this country has been largely static over the last decade our prison population continues to soar. I refuse to believe that Scottish people are inherently bad, so why are we locking up twice as many offenders as Ireland or Norway? Proportionately we have one of the highest prison populations in western Europe.

"There remains a perception that community penalties are the soft option. Yet three quarters of those sent to prison for short sentences are reconvicted within two years, compared with only 42# of those given community service.

"But let me be very clear on two issues. Sentencing in individual cases is absolutely a matter for the courts. And serious and dangerous offenders must continue to be sent to prison. However a short custodial sentence for a minor offence, giving the offender no opportunity to pay something back for the wrong they have done, is not a smart sentence.

"We have a huge remand population so we also need to look at a variety of options to deal with those awaiting trial. We too share the concerns of the previous administration that there is the need for enhanced respect for bail, with conditions rigorously enforced.

"Currently we are spending vast amounts of taxpayers' money on offenders while reoffending by those released from prison continues to escalate. While sentencing is ultimately a matter for the courts I believe prison places should be for serious and dangerous offenders - we will make sure that those offenders are properly managed throughout their sentence to reduce their risk to the public and stop them reoffending.

"However this government does not claim to have some kind of monopoly on good ideas and the Commission will provide some welcome expertise. This review of the role of prison in a modern Scotland together with the substantial package of investment and reform in prisons I recently announced should mean fewer members of the public are imprisoned in their homes through fear of crime.

"I am setting the Commission a challenging task but the wealth of experience and expertise of the members can help provide some useful answers to one of Scotland's most pressing challenges. Overcrowding in our prisons has reached record levels - up 15 per cent in a decade - so I firmly believe the time is right for a serious change of direction in our prisons policy.

"The Commission comprises a wide range of interests reaching well beyond the criminal justice arena. For that reason it will need a strong Chair who has some experience of the criminal justice system - former First Minister Henry McLeish is therefore ideally suited to this task.

"The appointment of Mr McLeish demonstrates the importance we are placing on this issue. I believe he has the ideal blend of skills and experience that this testing role will require. The full membership of the Commission is being finalised and will be announced shortly."

Henry McLeish is a former First Minister of Scotland, Minister for Enterprise and Life Long Learning, and Minister for Devolution. He was also Minister for Justice between 1997 and 1999 which included responsibility for prisons.

In total, Mr McLeish has over 30 years experience of elected office at Westminster, the Scottish Parliament and Fife Council.

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Page updated: Thursday, September 20, 2007