50 Criminals a Month Released Early

Fifty criminals a month are serving less than one-seventh of their prison sentence because of a legal loophole. The Scotsman has learned that abuse of early release rules is happening on a massive scale among fine defaulters, with more than 600 offenders last year spending less than 24 hours behind bars when they were ordered to spend seven days in prison.

Offenders fined up to £200 by sheriffs automatically have an alternative punishment of seven days in prison if they fail to repay the amount.

As short-term prisoners are automatically released from jail halfway through their sentence, this means that offenders will typically spend three nights in prison.

However, that can be reduced to only a single night if offenders are dealt with for failing to pay their fine on a Thursday – because prison staff do not release inmates at the weekend.

Prison sources say many offenders are aware of the loophole and will report themselves to police on that day, choosing to “trade” their fine for a single night behind bars.

The Scottish Prison Service said that, in 2005-6, 608 people spent less than 24 hours in jail for defaulting on their fines.

A spokesman said prisons were unable to release inmates on a Saturday or Sunday because no housing or benefit services are available at weekends.

“If we released them at weekends, many would have nowhere to go,” he said.

Carolyn Leckie, a Scottish Socialist MSP, provoked anger last year when she spent less than 24 hours in prison for refusing to pay a £100 fine imposed for taking part in an illegal anti-nuclear protest.

Last month the justice minister, Cathy Jamieson, announced a crackdown on “can pay, won’t pay” protesters who choose a stint in jail rather than paying a fine. A new fines’ enforcement officer is to be created in courts with powers to secure payment.

Officers will have the power to arrest the offender’s earnings or seize his or her vehicle.

But the scale of the problem last night prompted fresh criticism of the penal system by opposition politicians, who called for the system of jail for fine- defaulters to be scrapped.

Margaret Mitchell, the Scottish Conservative justice spokeswoman, said: “This is another example of automatic early release kicking in.

“The way to avoid this gross abuse of the system would be to impose supervised attendance orders rather than fines in the first instance.

“They are just treating the system with contempt and there’s nothing the judiciary can do about it. It’s been happening for years and would end tomorrow if they ended automatic early release or if offenders were forced to give up their time at supervised classes rather than a single night behind bars.”

Kenny MacAskill, the Scottish National Party’s justice spokesman, said: “It’s the system that’s at fault. The cost of keeping them in prison probably far outweighs the fine. We need to find alternative ways of punishing them other than a fine, if they cannot pay. And those who can pay, frankly, should have the money deducted at source from their wages.

“It’s ridiculous that they are in on Thursday and out on Friday, but it’s equally ridiculous that we would spend £1,000 to keep them in prison for a week, for the sake of a £200 fine.”

New supervised attendance orders are being trialled in Ayr Sheriff Court and Glasgow District Court, removing the option of custody for those who do not pay. If successful, they will be rolled out to all of Scotland’s courts.

A spokeswoman for the Scottish Executive added that the fines’ enforcement officers would take action against those who do not pay their fines.

“For those who have difficulty paying their fines, the officers will offer advice.

“For those who choose not to pay their fines, these officers will have the power to arrest the offender’s earnings or seize his or her vehicle to ensure payment, helping ensure that those who can pay their fine will pay their fine.”