Independent Review of sentencing and penal policy

A new independent Commission has been established to review sentencing and penal policy and identify the most effective ways to address offending behaviour to help reduce crime and lower the number of victims.

The Sentencing and Penal Policy Commission will be chaired by Martyn Evans, former Chair of the Scottish Police Authority, supported by five expert commissioners. The Commission will examine how imprisonment and community-based interventions are currently used in Scotland.

The independent Commission will, as part of its work, engage with victims and others with experience of the justice system, and make detailed recommendations for improvements in how offending behaviour can be dealt with effectively and proportionately.

Initially focusing on community sentencing, bail and remand, and release from custody, the Commission will be able to consider other areas it deems necessary. A final report and recommendations are to be presented to the Scottish Government before the end of the year.

Justice Secretary Angela Constance said:

“I am grateful to Martyn Evans and the Commissioners, who will bring their considerable knowledge and experience to bear in taking on this vital task.

“Prison will always be necessary for those who pose the greatest risk of harm, and protecting victims and the public is my absolute priority.

“However, evidence shows that short prison sentences are often not the best way to reduce reoffending, with those released from short custodial sentences reconvicted nearly twice as often as those sentenced to a community payback order. While crime is at one of its lowest levels in 50 years, we all want to keep crime down and communities safe, and effective rehabilitation to reduce reoffending is a key part of that.

“So we need careful consideration of the best balance between imprisonment and community justice, while protecting the public. The Commission will examine how and when custodial sentences and community interventions are used, how effective these are, and what more can be done to reduce reoffending. I look forward to their report.”

Mr Evans said:

“I am honoured to be appointed by the Scottish Government to chair the Commission on Sentencing and Penal Policy.

“Scotland’s criminal justice system faces significant challenges. This Commission will take a thorough and independent look at how sentencing policy aligns with Scotland’s ambition for a modern, proportionate, and rehabilitative justice system. We will engage widely, listen carefully, and base our recommendations on the best available evidence and insights.

“I look forward to working with colleagues across the justice sector, victims and their families, and communities across Scotland to develop proposals that serve the public interest and contribute to a safer and more just society.”

Background

 Sentencing and Penal Policy Commission

In addition to his work at the SPA, Martyn Evans has wide-ranging executive and non-executive experience in the voluntary and public sectors and has chaired successful and influential commissions and enquiries across the UK and Ireland in fields as diverse as welfare reform, library strategy, fairness, legal aid, citizenship and wellbeing.

The five additional expert Commissioners joining Mr Evans are:

• Former Scottish Justice Minister Cathy Jamieson
• Sheriff David Mackie
• Catherine Dyer CBE, Chair of Community Justice Scotland
• Lynsey Smith, Joint Chair of the Social Work Scotland Justice Standing Committee
• Dr Hannah Graham, Senior Lecturer in Criminology at the University of Stirling.