FactCheck: thugs walk free?

Last Modified: 23 Jul 2008
By: Channel 4 News

Labour reckons the SNP wants to empty prisons of muggers, thieves and drug dealers. FactCheck isn't so sure.

The claim
"[The SNP] want to empty our prisons and give muggers, thieves and drug dealers community service and soft-touch fines." Election leaflet produced on behalf of Margaret Curran, Labour parliamentary candidate, July 2008

The background

It's an incendiary message from the party that once promised to be tough both on crime and the causes of crime: the Scottish leaders are - whisper the dreaded words - soft on crime.

In a campaign leaflet released before this month's Glasgow East by-election, Scottish Labour claimed that the "Nats plan to let thugs walk free". "It's official," the leaflet said, above a clipping from the Daily Record with the headline "SNP to free 4,000 jailbirds".

Does the ruling party of Scotland really want criminals out on the streets?

The analysis

The basis of the Daily Record article is a report by the Scottish Prisons Commission, chaired by former first minister Henry McLeish, which was published earlier this month.

The report calculated it would be possible to reduce the prison population by three to four thousand offenders "who have not committed serious crimes and do not constitute a danger to the public".

This would be done gradually, as the proposals were implemented, rather than in one grand key-turning move.

The report made 23 recommendations, one of them being to reduce the use of short-term prison sentences.

Source: Scottish Labour

The commission recommends that the government legislate "to require a sentencing judge, who would otherwise have imposed a sentence of 6 months imprisonment or less, to impose a community supervision sentence instead, except in particular circumstances."

The idea is to give community sentences and rehabilitation to those who are "troubling" rather than "dangerous", instead of giving short prison sentences to people who often reoffend. Instead, the report suggests reserving prison for those who can't be sentenced any other way, or who pose serious harm to the public.

So would the likes of drug dealers be allowed to walk free?

According to Scottish government figures, in 2006-07 some prisoners did get sentences of six months or less for robbery, theft and drugs offences (not necessarily drug dealing).

But what about the "particular circumstances" mentioned by McLeish?

The report clearly states that the judge would be able to impose a prison sentence for violent and sexual offences, if the offence is a breach of bail conditions.

Source: Scottish Labour

"There is no question of releasing prisoners or scrapping short sentences - and definitely not for drug dealers or serious offenders," said a Scottish government spokesperson. "To suggest so is to totally misunderstand the McLeish report."

Although the report was commissioned by the Scottish government, but does this mean the SNP is pushing its conclusions?

The government has "welcomed" the report - but it won't come forward with detailed proposals in response to it until after the summer. "It's only a recommendation before us," the spokesperson said.

The verdict
An independent report recommends getting rid of short prison sentences for people who aren't a danger to others, many of whom may have other underlying problems.

To suggest, as Labour does, that the SNP wants to "empty our prisons" and put thugs out on to the street seems a pretty inflammatory misrepresentation of a report that is far from being official government policy.

FactCheck rating: 4.5

The sources

Glasgow East Labour Party

Scotland's Choice

Justice secretary responds to prison report

Persons receiving a custodial sentence by main crime/offence and length of sentence, 2006/07

Your view

You've read the article, now have your say. We want to know your experiences and your views. We also want to know if there are any claims you want given the FactCheck treatment.

Emailnews@channel4.com

FactCheck will correct significant errors in a timely manner. Readers should direct their enquiries to the editor at the email address above.