Chamber and committees

The average cost of a prison place can be found on the Scottish Government website at http://www.gov.scot/Topics/Statistics/Browse/Crime-Justice/Publications/costcrimjustscot (footnote 2 in table 1).

The latest published figures showing the average length of a prison sentence can be found on the Scottish Government website at http://www.gov.scot/Publications/2015/12/5123/0 (table A.12). For direct sentenced receptions to prison during 2013-14, the average sentence length was 354 days. Data for later time periods are not currently available due to technical reasons.

The average length of time served can only be calculated on release from prison. The average length of time served on a sentence for those liberated from prison in 2013-14 was 157 days. This figure cannot be compared with the average sentence length noted above as it applies to a different cohort of prisoners. The average time served on a sentence does not include time served while on remand, or on early release under home detention curfew.

The Scottish Government acknowledges this report and is working with the Scottish Prison Service to build on the positive work at HMP & YOI Cornton Vale in order to take forward an action plan to implement the improvements suggested by the Chief Inspector of Prisons for Scotland.

On 11 February 2016, I announced plans to relocate more than half of the women from HMP & YOI Cornton Vale to suitable accommodation within HMYOI Polmont over the summer. This temporary measure will allow us to start preparations to deliver a new smaller (80 place) national prison on the site of the current Cornton Vale, due to be operational by 2020. Once the move to HMPYOI Polmont is complete, all women remaining at HMP & YOI Cornton Vale will have access to appropriate night sanitation arrangements.

Although the inspection report highlights positive and professional relationships between prison staff and women, it also notes that some women did not have confidence in the complaints system. In order to address this, the Scottish Prison Service has commenced the rolling out of a staff training package at HMP & YOI Cornton Vale on the management of handling complaints.

(a) The Scottish Government does not hold information on the average length of all community-based sentences. Community sentences can vary in length, depending on the nature of the offence and the background and needs of the individual. As with all disposals, decisions about community sentences and the length of those imposed are matters for the court, on the basis of the individual facts of each case.

We do, however, collect information on the average length of Community Payback Orders (CPOs) which terminate in each year. In 2013-14, the first year where we have complete data, the average length of CPOs which terminated during that year was 284 days.

b) Information on the average length of a diversion from offending programme is not held centrally. As with community sentences, the length of an individual diversion programme will vary depending on the needs and circumstances of the person and the nature of their offence.

Diversion programmes are normally used with relatively minor offences where there is sufficient evidence for a prosecution but the procurator fiscal believes that such action would not necessarily be in the public interest.

The majority of diversion programmes operate on a deferred model, whereby the decision to mount a formal prosecution is deferred during the period of diversion. If the individual decides to decline the offer, or does not co-operate with the programme, the procurator fiscal may prosecute the case in the normal way.

(a) An estimate of the unit cost of Community Payback Orders (CPOs) and the orders they replaced (Community Service Orders, Probation Orders and Supervised Attendance Orders) is available on-line at http://www.gov.scot/Topics/Statistics/Browse/Crime-Jusice/Publications/costcrimjustscot/costcrimjustdataset. This was estimated in March 2015 to be £1,909.

It should be noted that this is an estimated average cost, the specific unit costs for CPOs will vary depending on their length and intensity.

(b) Average costs of individual diversion programmes is not held centrally. Again, these costs will vary depending on the nature and intensity of the programmes.

This government is committed to ensuring that robust and credible diversion and community sentences are available across Scotland. That is why we have protected the overall community justice budget, including funding for diversion services and community payback orders. In 2015-16 we allocated approximately £100 million funding to Community Justice Authorities working with a range of organisations and partners to help to deliver community sentences, support the rehabilitation of offenders and reduce re-offending.

To further support our commitment to increasing the use of robust community sentences, we have allocated an additional £4 million to the community justice services in the 2016-17 draft Scottish Budget.

The Scottish Government recognises that there are differing views on whether to change the law on physical punishment of children. As we would do with any proposal to change the law, we would want to consult widely. The Scottish Government continues to work with Children 1st and other partners on this important issue. We also wish to learn from the experience of other countries that have legislated to prohibit the physical punishment of children, such as Sweden, Ireland and New Zealand.

The Scottish Government agrees that the physical punishment of children in any form can damage their wellbeing and is likely to be detrimental either physically or emotionally. The Scottish Government has noted that the Equally Protected? report says that “a link between physical punishment and child maltreatment was consistently supported in the reviewed literature”. The Scottish Government has also noted that the report says that there “is strong and consistent evidence from good-quality research that physical punishment is associated with increased childhood aggression and antisocial behaviour”. The report also says that “there is fairly consistent evidence for a link between childhood physical punishment and adult aggression or antisocial behaviour” and “there is good evidence that the experience of physical punishment is related to depressive symptoms and anxiety among children. Links with depressive symptoms and reduced self-esteem in later life were also reported, but were less consistent.” Finally, the Scottish Government has noted that the report says that one of the key messages is that "physical punishment is not effective in achieving parenting goals" and that is why the national parenting strategy seeks to ensure that all parents are educated, informed and supported to care for their children using acceptable forms of boundary setting.

The Scottish Government welcomes the publication of this report. The Scottish Government does not support the physical punishment of children and does not consider that physical punishment of children is effective. The Scottish Government has noted that the report outlines what research says on the consequences of physical punishment for children’s health and development, as well as on their later life health and wellbeing.