JUSTICE BEING DONE

The increase in community service and probation orders over the past
year should be the first indication that the policy of restitution and
rehabilitation instead of merely locking up record numbers of
offenders is beginning to take effect. Persistent public unease that
community sentences are a soft option, however, is likely to be
reinforced by a 14% rise in the number of breaches of community
service orders, despite an increase of only 4.5% in the number handed
down. Yet the fact that only 17% of breaches resulted in the order
being replaced by a custodial sentence suggests that a significant
number - possibly the majority - were of a minor nature. Technically,
if offenders turn up late or fail to notify changes of address or
personal circumstances, they are in breach of their order. The
unspecific nature of the statistics should not cloud the successes of
community disposals. The rate of reconviction after two years is
significantly lower for offenders sentenced to community service
orders (42%) than for those given custodial sentences of less than six
months (74%).

That suggests prison is not an effective deterrent in the majority of
cases and it is clear from successive reports by the inspector of
prisons that high numbers and overcrowding are preventing
rehabilitative work with short-term prisoners. With 83% of prisoners
serving sentences of six months or less and a high number of them
struggling with the problems of mental health or addiction, a jail
sentence is no more than a short-term fix for society, albeit with a
punitive element. At a cost of up to ?40,000 to keep one person in
prison for a year, it is also an expensive option.

Community sentences are not only cheaper, but offer the prospect of
training and work experience, making it much more likely that
offenders will move on to employment or a recognised training course
and less likely that they will re-offend in future. In saying that
community sentences should be "swift, tough and visible", Justice
Secretary Kenny MacAskill acknowledges that they must be effective on
several levels: as a punishment and, therefore, a deterrent, and in
demonstrating to the public that justice is being done. To that end,
an element of community payback is vital. advertisement

It has become a mantra of Mr MacAskill's that lesser offenders should
pay their debt to society "through the sweat of their brow rather than
getting free bed and board at taxpayers' expense". There is
considerable approval for this approach (provided it is not extended
to more serious, especially violent, offenders). The 22% increase in
probation orders with a requirement to carry out unpaid work is
welcome, but a particular concern is the 14% drop in drug testing and
treatment orders. Community disposals can only succeed if offenders
are properly monitored, engaged in meaningful activity and where they
have problems, such as misuse of drugs and alcohol, offered
rehabilitation programmes. Effectiveness, as ever, depends on adequate
resourcing.