What the parties have to say on justice issues ahead of Holyrood election

This week saw the last of the Holyrood election manifestos unveiled as the parties gear up for the final stretch. Unlike previous elections, however, justice issues have failed to feature much, if at all, during this campaign. References to topics that two years ago were dominating front pages day in day out are found, though measurable commitments remain few and far between. Here, though, is a flavour of what has been promised from the five parties that held seats in the Scottish Parliament last session.

SNP

Now seeking a third successive spell in government, Nicola Sturgeon’s party has opted for a different approach to the matter of police numbers. The SNP this month dropped its nine-year manifesto commitment to have 1,000 extra police officers after acknowledging that workforce decisions should lie with the chief constable of Police Scotland.

The signs were there for all to see a month earlier after Justice Secretary Michael Matheson failed to mention the matter making a third manifesto appearance when addressing delegates at the party’s packed spring conference in Glasgow. Instead, the key election pledge set out is to protect the police revenue budget in real terms over the course of the next parliament. The party also aims to “work towards all new police and fire service recruits receiving equality training”.

Much of its manifesto, though, is devoted to actions already in train, such as legislating to create a new specific offence to tackle domestic abuse and delivering a new model for the female custodial estate. A promise to “improve community-based alternatives to short-term prison sentences, including restricting liberty through the increased use of electronic monitoring, combined with support in the community” is made, while the party says it will “explore the potential” of introducing pre-recorded evidence in court.

A consultation to review the regulation of the legal profession is also mooted. Matheson has previously said that plans to overhaul the requirement for corroboration in criminal cases remain “unfinished business”, though there is no explicit mention of the centuries-old requirement. “We will conduct jury research ahead of any further proposals to reform the criminal justice system,” is the full extent of what the manifesto says.

Labour

Kezia Dugdale was the last of the party leaders to publish a manifesto when she unveiled Scottish Labour’s blueprint in Edinburgh earlier this week. Recommendations from former MSP Graeme Pearson’s policing review, which was published in November, will be implemented, including allowing local scrutiny committee conveners to attend meetings of the Scottish Police Authority to “air and resolve local issues”. As previously reported by Holyrood, the party will also push for the creation of a Scottish Parliament committee dedicated to the emergency services rather than simply retaining the justice sub-committee on policing that accompanied Police Scotland’s early days.

As for the presumption against short-term prison sentences, consultation on which was launched by the Scottish Government before breaking up for the election, Labour have come out in favour of going from three months to six. Stopping short of the one-year presumption that the Lib Dems have called for could give the SNP – if they return to St Andrew’s House - political cover should they choose not to be as radical as some, including the chief inspector of prisons, have urged them to be.

The party will “review and reform” the Crown Office’s Victim Information and Advice service, while an “urgent review” of the Victim Notification Scheme is also promised. Labour would seek to make the purchase of sex illegal while “decriminalising people involved in prostitution”, taking forward a proposal that Rhoda Grant failed to get through Holyrood last session. Dugdale’s party has also vowed to “introduce specific domestic abuse courts within Scotland’s sheriff courts”, though the manifesto fails to spell out whether they are talking about all sheriff courts.

Meanwhile, Labour have committed themselves to halving the female prison population, however there is next to no concrete detail as to how they will do so beyond a pledge to implement the recommendations of the Angiolini Commission on Women Offenders, which reported four years ago.

Conservatives

Ruth Davidson’s party has come up with arguably the most radical – and potentially the most ill-thought out – justice proposal of the campaign. The Conservatives want to send offenders who breach the terms of their community sentences to prison for 24 or 48 hours at a time. It cannot say how much it will cost, nor, it seems, has it thought through the practicalities of what it would entail (‘Conservative plans to usher in 24-hour prison terms should not be given the time of day’).

Aside from this proposal, the Tories have said “life should mean life” and suggested that “for some of the worst crimes committed, prisoners should not have the right to apply for parole”. At the other end of the scale, the party wants to see “two levels of anti-social behaviour Fixed Penalty Notices, with a higher penalty for more serious offences”.

A review of rehabilitation schemes across the prison estate should be conducted, according to the party, while it has also suggested “payment-by-results schemes” could be introduced to offer “increasing payments to voluntary sector partners who succeed in curbing reoffending for their individual clients”.

Automatic early release has already been scrapped for all prisoners serving four years or more after ministers radically altered their plans last year. The Conservatives, however, wish to see it scrapped in its entirely, claiming: “The time offenders spend behind bars should be decided by judges and not politicians.” Law reform is also on the agenda, with Davidson’s party arguing that family law as well as the Gender Recognition Act require review.

Liberal Democrats

“We’re not reckless on these things, we want to try and help people, and that’s why having a longer-term liberal approach to things, I think, chimes with people in Scotland now.” Those were the words of Lib Dem leader Willie Rennie as the party unveiled a raft of commitments on policing, prisons and civil liberties. The party was first out of the blocks in committing to a presumption against prison sentences up to a year, an approach that is also being advocated by the Greens.

Meanwhile, its manifesto vows to work with the recently launched Sentencing Council to change prosecution and sentencing guidelines to refer those arrested for possession of drugs for personal use for treatment, education or civil penalties rather than face a prison sentence. The party has also said it will “explore” whether the approach taken in Portugal, whereby all those arrested for personal possession are referred to an assessment panel, “can bring benefits to Scotland”. The prospect of heroin-assisted treatment has also been raised after the Lib Dems committed to the controversial measure “where this is judged to be the safest and most effective option”.

Among other commitments to be put forward are the retention of the requirement for corroboration in criminal cases and repeal of the Offensive Behaviour at Football and Threatening Communications Act, the latter of which has also been called for by Labour.

The Lib Dem leader is also pushing for local scrutiny committees to be given “effectively a veto” over local policing plans. Current legislation requires local commanders to submit local police plans to local authorities for “approval”, though the Police and Fire Reform Act 2012 is silent on what should happen in the event that approval is not given. Rennie claims his solution will give local committees a stronger hand, though one expects the Scottish Police Authority will say its recent governance review and the recommendation of an escalation route when local issues cannot be resolved addresses the issue without the need for legislative tinkering.

Greens

John Finnie, a strong voice on the parliament’s justice committee last session, fronts the Greens’ justice policy as he seeks election in Mid-Scotland and Fife. The party, which polls predict could jump from two MSPs to as many as nine, has sided with the Lib Dems on short sentences. Whether by intention or not, though, the language – “we will call for short prison sentences of less than twelve months to be abolished” – raises the prospect of going beyond a mere presumption and effectively getting rid of such a custodial option altogether.

The party advocates the “decriminalisation of sex work so sex workers can enjoy legal protection from exploitation, trafficking and violence and access to better support and healthcare” and “will work to establish a right to independent legal representation for women who have experienced domestic abuse and rape and sexual assault”.

On policing, the Greens want to see a review of “authorisation procedures and privacy protection mechanisms regarding surveillance powers” as well as a review of the police complaints procedure “with a view to introducing greater independence from the police”.

Decriminalisation of the cultivation and possession of cannabis for personal use is pledged, so too decriminalisation of possession of drugs that “grow wild in the UK”.    

Over the last few weeks Holyrood has also published key points from the UKIP Scotland 2016 manifesto - and also that of RISE.