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   Web Issue 3499 July 6 2009   
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Working to pay debt to society
GERRY BRAIDENNovember 28 2007

Crime pays for Maureen Ferrie and the disabled of Glasgow's east end. For the best part of two decades, criminals on community service orders have regularly provided a lifeline for the community organisation run by Mrs Ferrie, carrying out odd jobs, repairs and general maintenance, right down to beauty therapy, hairdressing, keep fit, and DJ courses.

Their time served, it is not unknown for ex-offenders to offer themselves to the Greater Easterhouse Supporting Hands group as volunteers.

For Justice Secretary Kenny MacAskill, low-level criminals paying their debt to society in such a clearly visible and tangible way as those at the centre is infinitely preferable to clogging up the prison system with inmates destined to re-offend.

According to recent government data, 75% of individuals sentenced to terms of under six months reoffend within two years. Only 39% of those given community service reoffend within the same timescale.

Last year, community penalties were the main sentences imposed in 16,500 cases, while prison was the main penalty in 16,000 cases.

Announcing the outcome of the Scottish Government's review of community penalties yesterday, Mr MacAskill said they should be used to their fullest potential and in a greater proportion of cases in the future.

His proposed changes will mean local communities have a say on the the type of work offenders do in their area via social work departments and grassroots organisations, with the work to be done within six months of the sentence, instead of the present 12, and ranging from 20 to 300 hours.

Drug treatment and testing orders will be extended, and district courts will have the option of imposing a community service order while, for the first time, community service could include an activity other than unpaid work, such as debt awareness training or support to help offenders into employment.

It will remain with judges and sheriffs to impose sentences as they see fit, but Mr MacAskill is convinced that, over time, community penalties will not be seen as the soft option, with their effectiveness illustrated by a drop in prison numbers, a rise in rehabilitated offenders, and a penal policy that communities can clearly benefit from.

He said: "We need to be more sophisticated than looking at what is tough or soft and instead focus on what works. 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.

"Minor offenders should have to right their wrongs by doing something for the community. I want to see community penalties which are high quality, effective, immediate, visible, flexible and relevant - penalties that provide constructive payback that really benefits local communities, not punishing them again through the expense of short prison sentences that fail to rehabilitate."

At yesterday's launch, some of those carrying out their community sentences described themselves as "fortunate offenders". While they did not specify whether their fortune was being spared a prison cell or being given a chance at rehabilitation, Scottish Government officials were keen to highlight the success stories.

One man of 40, referred to only as Brian, had a history of violent offences and a chronic alcohol problem. His community service involved help with addiction and using dormant qualifications in youth work, leading to full-time warehouse work and part-time voluntary youth work.

Another offender, 50-year-old Elizabeth, received 90 hours for benefit fraud on her first offence. She received a community service placement in a charity shop and was referred to Money Advice and Citizens Advice projects to ensure that she was receiving the correct level of benefits.

Free of the shackles that she could be seen to be influencing the judiciary, Margaret Henvey, community service supervisor with Glasgow City Council, believes all sentences of six months and under should automatically be non-custodial.

She said: "One of the biggest social factors influencing crime is unemployment and for many serving orders this is their first taste of work.

"That's just one reason why community sentences should be automatic for low tariff crimes. Their time is so much better utilised."

Mrs Ferrie, of the Greater Easterhouse project, added: "I've no doubt that even the hardest of criminals would be broken down working with the disabled here. We've had more than a few who've come back as volunteers. We probably couldn't have survived as long as we have without the community service people."

Unsurprisingly, the Tories were less enthusiastic. Justice spokesman Bill Aitken accused the SNP of wanting to empty prisons and insisted countries which jail a higher proportion of criminals had a lower overall crime rate.

He said: "Suspicion persists that the SNP will dress up changes to community sentencing, which may well include some sensible proposals, as tough alternatives when the truth is the SNP just want to empty our prisons.

"We must not remove the right of court to decide on the most appropriate sentence in each case. Prison is a deterrent. Those who commit crimes and deserve to go to jail should go to jail."

Labour's justice spokeswoman Pauline McNeill added: "Victims of crime need a cast-iron assurance from the SNP that their safety will not be put at risk if more offenders serve their sentences in our communities. While the thrust of the SNP's plans is well meaning, we should never forget that the punishment should fit the crime."

David Sinclair, spokesman for Victim Support Scotland, echoed the view that the punishment fits the crime, while Mike Ewart, chief executive of the Scottish Prison Service, said short sentences often do "more harm than good" to individual offenders. He said the government's initiatives would reduce short-term over-crowding and the "churn" of prisoners.

In jail, you're no use to anyone'
Case study: Stevie Donoghue is in the unenviable and all-too-common position of having something to compare his community service order with.

He has been in jail, his time there characterised by feelings of resentment towards the system and desire to "get out and get back in among it all".

Stevie, 48, from Haghill in Glasgow's east end, is serving 100 hours and 18 months probation for a drunken assault on a police officer.

Older than many carrying out their community sentences at the Greater Easterhouse centre, he believes he has turned his offending behaviour around. He has a partner and young son to consider.

He said: "It doesn't matter how long you're in jail. You're of no use to anyone and spend your time resenting the system and counting down the days to get back out and up to your tricks again. If I wasn't doing this I'd be in the house drinking, my whole life stagnating.

"This isn't the soft option. It's the commonsense option, especially when you also consider the cost of keeping people locked up, the reoffending and the impact on families.

"A lot of these people are just men and boys who've made daft mistakes. I think you're more likely to face up to what you've done but I can't speak for everyone and for some people this isn't the answer."

He added: "I'm going to do some volunteer work after this and try to get a job. But this isn't the whole answer. There's still a big gap in what happens to an offender when the community order finishes and maybe that's what they want to look at now."


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