Scottish Tories: Lock up those who breach community sentences for 24 hours at a time

Offenders who breach the terms of their community sentences could be sent to prison for 24 hours at a time under a proposal backed by the Scottish Conservatives.

The party, which is vying to overtake Labour as the second largest party in next month’s Scottish Parliament election, wants to replicate a scheme used in parts of the United States to boost compliance.

Under so-called ‘swift and certain’ programmes, individuals are given a short spell in a prison cell – typically a day or two – every time a breach occurs, with the sanction taking place at a weekend should they be in either education of employment.

Tory candidate and former justice spokesperson Margaret Mitchell said the disposal would be restricted to those who “wilfully” breach the terms of their community sentence and claimed the policy would act as “more of a deterrent” than is currently the case.

However, a prison insider said: “There are certain practical difficulties associated with this.”

Over 20,000 social work orders were imposed in 2014-15, 95 per cent of which were community payback orders (CPOs). 

The scheme would likely require a change in primary legislation given the Scottish Prison Service is not allowed to release individuals either on a Saturday, Sunday or a public holiday.

Without changes to primary legislation a scenario could therefore arise whereby individuals taken to court on a Friday and given either a 24-hour or 48-hour sentence would have to be released on the same day.

The Conservative manifesto outlines the party’s belief that a presumption should be introduced into legislation governing community payback orders “where the courts would have to justify not imposing a work element”.

“We will also look to introduce ‘swift and certain’ schemes which where those breaching community sentences are sent to prison for 24 or 48 hours,” it says. “In countries where this policy has been implemented the evidence on falling reoffending has been remarkable.”

The recommendation appears to flow from a 2014 report produced by the Centre for Social Justice, a think-tank set up by former work and pensions secretary Iain Duncan Smith, which recommended England and Wales go down such a route.

The report cited ‘swift and certain’ programmes introduced in Hawaii and Texas, claiming they have “proven remarkably successful at increasing compliance and reducing reoffending in the USA”.

Speaking to Holyrood at the party’s manifesto launch, Mitchell said: “I wouldn’t underestimate how it would concentrate the mind when suddenly there is a real sanction to you not turning up, rather than, ‘they’ll get round to me eventually to catch up with why I haven’t done my hours or haven’t completed my service’.”

Over 5,000 CPO breach applications were lodged with the court in 2014-15, while almost 3,000 CPOs were revoked due to breaches.

However, Mitchell said: “I don’t think we’ll be talking about a huge number of people at the end of the day because I think the fact that we have got this policy will concentrate the mind.

"Then when you sort through the wilful, the really wilful, who have just done it but could have turned up from the people where there is a legitimate reason for them not turning up, I don’t think it will be the huge problem that you maybe imagine."

Sheriffs used to have the option of handing individuals a seven-day custodial sentence – meaning they would be released after three-and-a-half days – if they defaulted on a £100 fine.

However, the court disposal was ditched amid suggestions it was open to abuse. For instance, individuals who were processed on a Thursday had to be released the following day because of an inability of the prison service to release individuals over the weekend.