Non-custodial sentences

1. Non-custodial sentences Crime & the law

2. Today We Will… • Identify the various alternative sentences which can be given in Scotland • Describe the purpose of using alternatives to prison. • Evaluate their effectiveness in combatting crime and re-offending.

3. Success Criteria • Describe the variety of different alternative sentences that can be given in Scotland • Describe the purpose of alternative sentences • Evaluate whether alternative sentences are more effective at dealing with crime than prison sentencing

4. Non-custodial sentences • Prison is reserved for the most serious offences or if no other method has been successful or seen suitable for a particular offender. • Some of the most commonly used alternatives to prison or non-custodial sentences are: • Community Payback Scheme • Fines • Tagging / Curfew • Drug Treatment and Testing • Probation • Compensation

5. Drug Treating And Testing Order (DTTO) Designed for an offender to reduce or stop offending by addressing their drug use through rapid access to a closely monitored treatment programme. Before being placed on such an order the offender must give agreement to: • accept treatment for drug misuse; • be frequently and randomly drug tested; • attend court for review • be supervised by the DTTO Team

6. Arguments for Alternatives: • One of the main sets of arguments for using alternatives to prison are the negative aspects and challenges facing prisons today • Overcrowding, cost, resources, rehabilitation failures • Prison is not effective especially for short sentences. Community sentences are more effective in reducing reoffending. • Other arguments focus on the success of alternative sentences: • Drug courts deal with the cause of crime (Substance misuse) but allow the offender to stay in society • Rehabilitation is another key factor associated with alternatives – looking at causes of criminal behaviour as opposed to a prison sentence to lock up criminals with other criminals

7. Arguments for alternatives: • Fewer people reoffend after being given community payback compared to prison sentences • Community payback - 23% reoffend after 2 months • Prison - 31% who reoffend after 2 months • Cheaper cost - taggingimposes some restrictions but at a fraction of the cost. Less than £5,000 for an electronic tag compared to around £33,000 to house a prisoner for a year in Scotland. Meanwhile they can try and rebuild their life and get back on track.

8. Argument AGAINST Custodial Sentences • Programmes of rehabilitation in prison can be effective • People can re-offend when given community programmes (71% of those on an electronic tag re-offend within two years). • Non-custodial sentences are seen as ‘soft’ option – don’t deter criminals. • Prison protects society and keeps communities safe

9. Copy This Table

10. https://www.youtube.com/watch?v=1Ihnelo9g3Y • https://www.youtube.com/watch?v=TjZ5e6ylJI8 Electronic Tagging • https://www.youtube.com/watch?v=EFddrtuvmCM • https://www.youtube.com/watch?v=BQldyERMPGE&t=48s Community Payback Scheme

11. ddto • False positives/negatives • Defers the offender from using as they don’t know when they will be tested • No restrictions so they can still keep in touch with friends who use drugs • Can motivate offenders to stop using drugs to get off the DDTO

12. effectiveness • 6% fall from 2016-2018 in Social Work Orders (community payback, DTTO) in Scotland. • In 2017, only 40% managed to complete their DTTO in Scotland • In 2017 70% completed their Community Payback Order in Scotland • The Scottish government has received support in 2019 for increasing the use of Electronic Tagging.

13. KU Questions • Explain, in detail, two reasons why some people believe that prison is a good punishment (6) (advantages of prison notes in jotter) 2. Explain, in detail, two reasons why other punishments are being used as alternatives to prison sentences in the UK. (6) (arguments of alternatives to prison notes in jotter)