More ambition needed in Community Justice Bill, MSPs told

Government proposals to overhaul the delivery of community justice in Scotland require "significant alteration”, MSPs have been told, ahead of a first parliamentary vote on the plans.

Seven criminal justice voluntary sector organisations have written to MSPs ahead of today’s Stage 1 debate on the Community Justice (Scotland) Bill.

The proposed legislation would see Scotland’s eight community justice authorities abolished in favour of more local arrangements, while a new national body – Community Justice Scotland (CJS) – would be established.

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However, concerns have been raised over a “bureaucratic burden” resulting from the changes as well as a lack of accountability.

Signatories to the letter include Apex Scotland, Circle Scotland, Families Outside, Howard League Scotland, Turning Point Scotland, Venture Trust and Up-2-Us.

“Considered alongside the current consultation reviewing the use of short-term sentences and the establishment of the Scottish Sentencing Council, we have an opportunity in Scotland to make some headway in reducing the size of our prison population,” it reads.

“The arrangements for community justice are a vital piece of this jigsaw. We are of the view that the draft Community Justice (Scotland) Bill as it stands will require significant alteration during the remainder of the parliamentary process if it is to make a meaningful contribution to achieving our shared vision of a modern, progressive justice system.”

The bill “does not change the funding arrangements for community justice services in any significant way”, the organisations warn, resulting in “no incentives or levers to shift resources in the long term from custodial to non-custodial services”.

They also claim “it is hard to see that the landscape will become any less cluttered” as a result of the shake-up due to 32 community planning partnerships (CPP) taking on the work of eight CJAs.

“Whilst we all support appropriate levels of planning, performance management and evaluation, the reporting requirements set out in the Bill are considerable,” their letter adds.

“There is a risk that CPP staff will end up spending their time on paperwork, rather than enabling the delivery of innovative and effective services.”

Reference to how the third sector will be engaged as part of the new arrangements is also required, according to the letter, an area that the Scottish Government has indicated its willingness to address through amendments at Stage 2. 

Paul Wheelhouse, Minister for Community Safety and Legal Affairs said: “We’ve made clear that we want to deliver significant reform of penal policy in Scotland and have already seen a shift in resources from prisons to community justice, which will continue in the years ahead.

“The aim is to move away from ineffective short term prison sentences in favour of more effective community sentences which target the underlying causes of crime and better support individuals to be responsible citizens who contribute to their communities.
 
“I believe the proposals contained within the Community Justice Bill will deliver more effective community justice in Scotland’s communities, through stronger leadership and better strategic direction.

“The general principles of the Bill are supported by the Justice Committee’s report and we have been undertaking an extensive stakeholder engagement process prior to and throughout the Stage 1 process, including meeting the Howard League yesterday.
 
“I have already signalled to the committee, and in public engagements, some areas where we are planning to amend our proposals and, indeed, a review of Section 27 funding arrangements is already underway and due to conclude by the end of the year.

“These actions are in response to engagement with our stakeholders. However, I look forward to continuing to engage with stakeholders as the Bill makes its way through the parliamentary process."