Short custodial disposals from court and the prison population

Published data shows that in Scotland there is a difference between the number of people receiving short prison sentences (<= 12 months) from court and the number of people in prison serving short sentences. In 2021-22, there were 5,966 people who received a short sentence issued by courts[1]. This accounted for 73% of the 8,168 people receiving a custodial sentence from court. This percentage has reduced from 83% in 2012-13. In 2021-22, there were an average of 998 people serving short sentences in prison[2]. This equated to 17% of the average daily prison population. There are likely to be various reasons for this difference and this paper will explore in more detail some of the reasons behind this.

The aim of this study is to look in more detail at the people issued short sentences in court and relate that information to prison records to determine what the drivers of this difference might be. The findings of this study may also shed light on the impact of the extended Presumption Against Short Sentences (PASS). PASS was extended from three months or less to twelve months or less by the Presumption against Short Periods of Imprisonment (Scotland) Order 2019. The extended presumption applies to all offences committed on or after 4 July 2019.

Under the presumption, sheriffs should not impose a custodial sentence of 12 months or less unless they consider that no other method of dealing with the person is appropriate. It is a presumption, not a ban, and as such discretion continues to sit with the court in any given case to determine an appropriate sentence - including a custodial sentence if that is considered necessary.