A new online directory provides information on community justice support and court solutions
Community Justice Scotland Board Advisor and retired Sheriff Kathrine Mackie explains the importance of the new Community Interventions and Support Directory
As the media focuses on the staggering number of people in our prisons and the emergency early release of prisoners to attempt to ease the pressures caused by the overcrowding perhaps it is time to think about whether we really need to be sending so many people to prison.
Scotland has the highest rate of incarceration in western Europe. Of course the public need to be protected from people who commit serious offences of violence and certain types of crime. But there are very many individuals in prison largely because life’s circumstances have led them to make poor choices or they have struggled with coping mechanisms.
We want to reduce their offending and the number of victims, although it may be argued that in many cases they are also victims. But can it truly be said that there is no alternative to a custodial sentence?
Sentencing can be a complex process. Unless it is mandatory, such as life imprisonment for murder, there are numerous factors to take into account including the seriousness of the offence, the impact on the victim and others and the circumstances of the offender. The overarching aim of any sentence is to reduce the prospect of reoffending. In some cases protection of the public will be paramount and sentences may include some form of loss of liberty or other punishment as a deterrence. However in many cases providing the right support and an opportunity to transform their lives may be a more effective way of reducing the likelihood of reoffending.
It has long been recognised that sentences served in the community rather than in prison are more likely to be effective in reducing reoffending. While the individual may be removed from the community for a period of time that individual will return on release and may not be any better for the experience. Indeed in addition to their temporary loss of liberty they may also have lost the potential stabilising benefits of accommodation, employment, family relationships. A sentence served in the community if well constructed, delivered and monitored should not be considered a “soft” option. It can often be more onerous, challenging and last longer than a short period of imprisonment. Current overcrowding in prisons reduces even more than ever the prospects of any rehabilitative work particularly for those on short sentences. It is simply a process of containment.
Generally, sheriffs and other sentencers will be aware of basic services available in their area. Much of that information will be conveyed through justice social work reports. Justice social workers will assess the needs and aspirations of the individual, consider and report on the interventions that may address those. However there are many more services and in particular third sector initiatives that may offer appropriate supports which are rarely mentioned in those reports unless specifically requested. Sometimes different or additional support than that available through the statutory services may be appropriate in the circumstances of the case or individual. For example, an individual who struggles to attend essential appointments and as a result might be considered as not complying with his or her order, may benefit from additional input from a mentoring service to support and accompany them to where they need to go. A young person may benefit from a programme of personal development offered by certain organisations. A period in a residential rehabilitation centre may be the start of a journey of recovery. Regrettably the details of many of the alternative services are not known about by sheriffs, defence agents or even justice social workers.
In order to help create the most relevant solution – whether that’s a court intervention or community support, it is essential that that information is available.
In recognition of the need for greater awareness of programmes and services Community Justice Scotland (CJS) has developed an online directory, hosted on the CJS website, which provides detailed information about community interventions and support across Scotland. This database will allow new, visiting and resident sheriffs and others to keep track of available options and enable them to create court interventions, such as Structured Deferred Sentences.
The details in the directory will help inform sheriffs and others about community-based disposals which may provide suitable alternatives to custodial sentences, ensure people get the right support to reduce reoffending, reduce the number of victims and reduce the prison population so only those who need to be there remain.