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   Web Issue 3203 July 19 2008   
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Offenders to be given a second chance to avoid jail
Exclusive by LUCY ADAMS, Chief ReporterApril 15 2008

Thousands of offenders are to be given a second chance to prove they can change their ways before being sentenced by the courts.

Ministers plan to roll out a pilot project today which offers those convicted of low-level crimes, including breach of the peace and minor assault, three to six months to engage with addiction and employment services to avoid being sent to prison.

Kenny MacAskill, Scottish Justice Secretary, is expected to announce that the scheme, which has already been piloted in Arbroath, Forfar, Inverness, Ayr and Kilmarnock, will be extended to Glasgow and Tayside. The aim is to try to curb re-offending and ease pressure on Scotland's burgeoning prison population.

Structured De-ferred Sentence (SDS) gives offenders the opportunity to take part in specific programmes after conviction and prior to sentencing.

During sessions with social work staff and other professionals, offenders are made to look at issues around their criminal behaviour. Recommendations for SDS will be made by social workers in the social inquiry reports they compile for sheriffs.

The scheme targets the underlying causes of crime such as drug or alcohol dependency, mental health problems and unemployment.

At the end of the programme, which is normally after three months, the person returns to court for sentencing when their involvement in the sessions is taken into account by the sheriff.

Those who engage with the process are far less likely to be given a custodial sentence and in most of the pilot areas, the most common sentence given at the end of the deferred period was admonishment.

In Glasgow and Tayside, it will focus on more than 2000 persistent young offenders aged from 16 to 21.

"It is about giving people a second chance and an opportunity to engage with challenging their behaviour," said Doreen Peat, chief officer of Tayside's Criminal Justice Authority.

"We want to support them to change their behaviour and make them face up to the harm they may have caused other people. It is about looking at the outcome most likely to reduce their reoffending."

The evaluation of the pilots, which began in 2005, revealed that sheriffs had confidence in the scheme and its potential to reduce re-offending. They were positive about the greater level of control afforded by seeing offenders again after three months.

The report said the initial uptake by the courts was lower than anticipated which had a knock-on effect on cost but overall the expense was about the same as probation or a community service order. Roughly one fifth of orders were not completed, lower than community service.

However, there were concerns raised about the fact that failure to engage with the orders did not, unlike a community service order, lead to the offender being referred straight back to court.

Under SDS, any breaches of the deferred order such as non-attendance are dealt with when the offender returns to court after the three-month period.

Mr MacAskill is expected to announce funding of £667,000 per year for the next three years for the scheme.

"Structured Deferred Sentences offer the courts a highly credible option for providing formal interventions with low-level offenders," he said.

"These sentences target people who would benefit from social-work led supervision that targets the underlying causes of their offending behaviour. We are not talking about violent, serious and dangerous offenders.

"A crucial aspect of changing criminal behaviour is demonstrating that there is a more rewarding alternative to a life of crime. Short prison sentences often fail to deliver on that goal.

"These types of interventions can help an offender address underlying problems, improve employment prospects and build a sense of routine and self-esteem. This can lead to a future which is free from offending - and that is what we all want."

James Maybee, principal officer with social works services at Highland, said the pilot in Inverness had already proven to be successful.

"Like the diversion from prosecution scheme, there is a really positive incentive for the offender to take part," he said. "That motivational tool has had a really positive impact.

"Before the pilot began, the courts could always defer sentence for good behaviour for six or 12 months but there would be no intervention in the meantime and the only report back to the sheriff would be whether or not the person had re-offended in the meantime. The structured aspect of this means we are engaging with the problems which may be underlying their offending, including addiction, housing and employment.

"It means we can go back to the court three months later and say they have stabilised their drug taking or found stable accommodation."


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Posted by: Archie, Argyll on 1:02am Tue 15 Apr 08
Yeah right.

Is Wendy and her acolytes still free of the threat of prosecution?

And what if it's a deliberate fit up?

Do those who fit you up get prosecuted?

It would perhaps be fine in an honest world where there were no corrupt police, council officials and institutional sectarianism and the vast excessive greed of the "ruling classes"

Sadly, only an idiot would reckon that society was free of these perils.
Posted by: allymax, yuk on 1:38am Tue 15 Apr 08
This is a bit of a paradox really, we are giving more power to the establishment public institutions while they seem to be saying they want us to be given 'second chances' for minor charges. This means more control over oir lives by our own public institutions, which means less civi and individual rights are left to the public citizen. However, it seems like a move in the right direction of jailing everyone; but instead they're just crimninalising everyone now.













Posted by: jonny bond, glasgow on 2:42am Tue 15 Apr 08
So the chips are finaly down soft on crime soft on the causes of crime. Theres a soundbite you wont hear at the next election. Why didnt we build more jails when prices for houses were going crazy. because the private companies were turning factorys into trendy flats. So the prices of jails went through the roof. Bet they are more willing to deal now though.
Posted by: Donald Anderson, glasgow on 5:54am Tue 15 Apr 08
Offenders could always join the Labour Party and claim that they were not responsible for their own actions and forgive them because they do not know what they do.
Posted by: spagan, heisker, scotland on 8:23am Tue 15 Apr 08
No point in cluttering up our prisons with people who can sort their lives out. For minor offences, a second chance - 'to show good behaviour' should be the norm. There aren't many of us around who have done nothing wrong in our (younger) years. Most of us didn't get caught I guess?
Slainte Mhor
Posted by: jim, Glasgow on 8:31am Tue 15 Apr 08
On The same week Glasgow has more crime than new york.
I remember NYC TOP cop having discussion with Top cop Strathclyde over 20yrs ago in Glasgow,The Glasgow cop Laughed at suggestions the city would have same Drug crimes as NYC,The NYC cop Did warn us, And said it was bad in NYC because of attitudes like Our top cop had!.Oh dear!
Posted by: Tony88, Glasgow on 8:40am Tue 15 Apr 08
Here we go again. The softies and the lefties are on the march again. Just what exactly is 'low level crime'? If your house is broken into or you are mugged by some unwashed moron from the nearest estate, are you going to regard that as 'low level' crime? As usual, it is the victims who are treated with contempt instead of coming down like a ton of bricks on the scum involved. We should have a real zero tolerance campaign and build more prisons if that is what it takes.
Posted by: Colin B, Bearsden on 8:49am Tue 15 Apr 08
soft touch on crime that the Liberal democrats would have been proud of- Kenny has gone native on the trappings of office and is letting unelected civil servants dicatate policy

mind you Labour abloshed early reelase but did not ptovide the prison places becasue Jamieson etc are thick
Posted by: spagan, heisker, scotland on 9:10am Tue 15 Apr 08
Tony and Colin
If you have a nephew or son or brother who breaks a window, or gets into a fight, you'd like them to what?
Say sorry and prove that they can stay out of trouble?
As above but pay a fine?
As above but pay compensation?
Be birched?
Be put in public stocks?
Be locked up?
Be transported to Beardsen?
Or???
Slainte Mhor
Posted by: pete, Bearsden on 9:39am Tue 15 Apr 08
The criminal system gets softer by the day. At least this will give Wendy another chance to transgress and then just say sorry.
Posted by: hadenuff, ofthisdaftness on 10:05am Tue 15 Apr 08
'Low level crime' still has an effect on the victims , and you can be sure that the crime that these people have been caught with is not their first offence just the first that they have been caught at.

These people need to be punished as a deterrent to re-offending , we are sending out the wrong message to criminals. So what are we saying ? someone can assault you in the knowledage that they will not be punished ? they can burgle your house ? smash up your car ? The decent people of this country need to speak up against people like Macaskill and ensure that crime is punished
Posted by: johndavis, inverclyde on 10:42am Tue 15 Apr 08
When was the Probation Service abolished.?
Posted by: johndavis, inverclyde on 10:42am Tue 15 Apr 08
When was the Probation Service abolished.?
Posted by: ubergeek, glasgow on 10:46am Tue 15 Apr 08
this governement continues to appease the lazy and criminal, while penalising the decent and hard working. we need a drastic change in government if we are to remain a civilised society.
Posted by: TommyK60, Ayr on 10:55am Tue 15 Apr 08
Of course this all depends on the offenders actually getting caught, but when it can take 90 mins to 2 hours for the Police to actually turn up after you call them, and the fact the neds know this, what chance has society got.

Then if you video/photograph the neds in action, you are in violation of their human rights.

It's time the honest decent citizens of this country claimed back the streets from the neds.
Posted by: britfree, camelon on 11:28am Tue 15 Apr 08
yeah i'm with the salivating rightwing weirdos , birch them , stone them , retrospectively everything that anyone has ever done that was against the law ever , should be punished by the full power of the state . phew i've come over all funny , i'll need a wee nap if i keep this up
Posted by: TommyK60, Ayr on 11:41am Tue 15 Apr 08
spagan wrote:
Tony and Colin If you have a nephew or son or brother who breaks a window, or gets into a fight, you'd like them to what? Say sorry and prove that they can stay out of trouble? As above but pay a fine? As above but pay compensation? Be birched? Be put in public stocks? Be locked up? Be transported to Beardsen? Or??? Slainte Mhor
Actually I've heard the next step is to have them sit in the 'naughty corner' for five minutes.
Posted by: John, Glasgow on 11:45am Tue 15 Apr 08
spagan wrote:
If you have a nephew or son or brother who breaks a window, or gets into a fight, you'd like them to what...

...Be put in public stocks?


Spagan. You are a genius! Why has no one else though of this? Fighting in public: half an hour in the stocks in George Square. Breaking a Window: An hour.

Local supermarkets could supply rotten tomatoes free of charge, you could probably even charge folk £1 for five throws. Then the money could be spent fixing potholes or saving soon-to-be-mysteriou
sly-burnt-down buildings or whatever.
Posted by: Paul, Castle Douglas on 11:49am Tue 15 Apr 08
I agree with the comment that 1st offences are often not that at all. They are usually 3rd, 4th or more. Just the first time they've been caught, that's all.
I'm not a huge fan of custodial sentences, but I think that punishment should be immediate, not waiting for a second offence.
Good opportunity for some free labour it would seem. Get them to pick up litter, clean up graffiti etc.

Posted by: TommyK60, Ayr on 12:04pm Tue 15 Apr 08
I watched Dom Jolly last night interviewing a 'hoodie' about CCTV in Coventry. The young man answering the questions stated that CCTV was unfair as it meant they couldn't have fun running round terrorizing people.

My only problem was I didn't know if this was a real 'hoodie' or just one of Dom's team playing a role, if it was a real person it just highlights one of the problems in our society.
Posted by: JBlackley, Florida on 2:22pm Tue 15 Apr 08
I echo the earlier question about the definition of 'low level crime'. What, exactly, are we being sold here?

While I'm all in favour of second chances, I think the logic behind this might be a bit flawed. The article tells us that the program is being expanded - in part - to "ease pressure on Scotland's burgeoning prison population." Meanwhile, to do so, it looks as if we're transferring the load to social workers who (if I understand other articles correctly) are already overworked and suffering from low morale as a result.

Good luck to those who are offered a second chance through this program but my sympathies lie with the social workers, for now.
Posted by: Tony88, Glasgow on 6:25pm Tue 15 Apr 08
spagan wrote:
Tony and Colin If you have a nephew or son or brother who breaks a window, or gets into a fight, you'd like them to what? Say sorry and prove that they can stay out of trouble? As above but pay a fine? As above but pay compensation? Be birched? Be put in public stocks? Be locked up? Be transported to Beardsen? Or??? Slainte Mhor
How about dressing them up in very bright uniforms and have them cleaning the streets, removing grafitti, digging up the roads, repairing pot-holes and any other jobs that need done in the community. Transportation to the remotest island you could find, surrounded by sharks is good alternative.
Posted by: Colin B, Bearsden on 6:43pm Tue 15 Apr 08
Spagan
If I have relative break the law I expect them to get put in a harsh prison so they won't do it again.

However the chanches of getting caught say 50% get and getting prosecuted 50% and getting found guilty 75% and getting a custodial sentence 50% mean in reality you have a very low chance of getting put in prison say 8% or 1 in 14 so stealing is a good bet given the abjsect failure of Scottish justice and a justice minister who has gone native
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