1. Introduction and Useful Terms
1.1 Purpose and intended audience
The purpose of this pack is to provide information on alternatives to prosecution, remand and custody available in Scotland. This information pack aims to promote better understanding of prosecution and sentencing options and why certain people who have committed an offence are dealt with in certain ways. Choices of action can often be complex and have several factors contributing to any decision; this pack does not go into detail but sets these out in broad, general terms.
This pack may be of use to you if you are:
A victim of a crime and want to understand what has happened to the perpetrator of the crime against you and what this means;
A witness attending court and want to understand what has happened in the case or what will happen when you attend court;
A person who has committed a crime and want to know what might happen and what this means;
A practitioner or support worker from a public or 3rd Sector organisation working with victims and witnesses or people involved in offending behaviour and going through the Criminal Justice System;
A student; or
A member of the public with an interest in the Criminal Justice System.
1.2 Options available
When a person commits an offence there are various options available to Police, Procurator Fiscal Service, Children’s Panel and sentencers to deal with them. The options can be different depending on the age of the person when the offence is committed. Options range from formal warnings and fines to community sentences and imprisonment.
How and when different options can be used is set out in legislation or guidance from Government. Broadly:
Low level minor offences are likely to result in an on the spot formal warning from the Police.
Less serious (summary crimes), first offences and crimes unlikely to result in a court proceeding or where the Procurator Fiscal takes the view that prosecution is not in the public interest are likely to result in a formal warning or direct measures such as fines, orders to pay compensation to victim(s), order to undertake constructive unpaid community work or a Diversion from Prosecution Scheme.
More serious crimes and persistent offences are likely to result in a community sentence or custodial sentence.
1.3 Why are different options used – research and evidence
The Scottish Government uses research and evidence to guide policy and legislation around the options to deal with a person who has committed an offence. The body of this evidence1 recognises the emotional, practical, financial and psychological effects of offending on victims and witnesses and our communities.
Evidence suggests that these same issues are often also faced by people who commit offences. It is common for people who end up in the criminal justice system to have, from a very young age, experienced multiple disadvantages. Some of the difficulties that often underpin offending behaviour are poverty, alcohol and drug addiction, poor family relationships, mental and physical health issues, learning, housing and employment issues.
There is a strong emphasis in Scotland on reducing re-offending. The economic and social costs of crime in 2016-17 in Scotland was estimated at nearly £4 billion with re-offending accounting for around 60% of this.2 Evidence suggests that reducing re-offending better protects our communities, resulting in fewer victims of crime. Robust alternatives to prosecution and community sentences, which address the underlying causes of offending, are known to significantly reduce re-offending rates, by helping people who commit offences become more responsible and active citizens. Short custodial sentences are known to be significantly less effective in reducing re-offending.
Evidence also tells us that victims and witnesses do acknowledge the importance placed on providing services to people who commit offences to help them face challenges and issues they may have in their life and to reduce the risk of them re-offending. This may mean that the most effective action may not involve a prosecution or custodial sentence.
Many victims and witnesses say that the most important things are:
- Seeing the person who committed the offence caught and punished;
- Being treated with respect and recognition from criminal justice agencies;
- Seeing the person rehabilitated to stop offending; and
- To receive support3
- What Works to Reduce Crime – A Summary of the Evidence – https://www.gov.scot/publications/works-reduce-reoffending-summary-evidence/
Scottish Government (2011) The Economic and Social Cost of Crime – https://www.gov.scot/binaries/content/documents/govscot/publications/statistics/2021/02/costs-of-the-criminal-justice-system-in-scotland-dataset-2016-17-published-december-2019/documents/costs-of-the-criminal-justice-system-in-scotland-dataset/costs-of-the-criminal-justice-system-in-scotland-dataset/govscot%3Adocument/00549036.xlsx
Scottish Justice Matters (June 2016) – http://scottishjusticematters.com/wp-content/uploads/Pages-from-SJM_4-2_Justice-For-Whom-and-What-Community-VSS.pdf
1.4 Useful terms
Some Useful Terms
As Applied in this Pack
Bail
A person must agree to certain conditions before being released from custody by a court.
Low Tariff
A legal meeting arranged to consider and make decisions about children who have committed and offence.
Conviction
A formal declaration by the verdict of a jury or the decision of a judge in a court of law that someone is guilty of a criminal offence.
Custody/ Alternatives to custody
When a person is kept in prison or a Police cell.
Alternatives to custody are measures that can be used instead of a prison sentence for people who have been convicted of a crime in court. This means that the individual will serve their sentence in a community setting.
Crime
An action or omission, which constitutes an offence and is punishable by law.
Deferred Sentence
When the final decision about any punishment is put off to another date.
Prosecution/ Alternatives to prosecution
Charging and trying, through the court system, a case against a person accused of a crime.
Alternatives to prosecution are measures that can be imposed directly (a Direct Measure) by the Police or Crown Office and Procurator Fiscal Service, without taking the matter to court.
Public Interest
A number of factors taken into account by prosecutors when making decisions, including the interest of the victim, the accused and the wider community.
Offence
A breach of law or rule – an illegal act.
Procurator Fiscal
A Lawyer who receives reports about crimes from the Police and others and decides what action is to be taken, including whether to prosecute a person accused of committing a crime.
Remand/ Alternatives to Remand
When a person is kept in a Police cell or prison before a court appearance.
Alternatives to remand– the majority of prisoners on remand have not been convicted of a criminal offence and are awaiting trial following a not guilty plea. There are some measures that can be granted as an alternative to remand where the suspect will be supervised or allowed to remain in the community with conditions attached, until a trial or sentencing hearing takes place.
Community Justice Glasgow
Eastgate Building
727 London Road
Glasgow G40 3AQ
Tel: 0141 287 0916
Email: communityjustice@glasgow.gov.uk
Twitter: @CJusticeGlasgow