Scotland has descended so far into the “mire” of a soft-touch justice system that sheriffs no longer have the power to decide how long criminals should spend in jail, a frustrated sheriff has claimed.
Perth sheriff Robert McCreadie has slammed automatic early release, claiming it is making a mockery of sentences handed down at courts throughout the country.
He said the practice is leaving judges in a “very difficult position.”
Sheriff McCreadie said, “We have been stripped of the authority to decide how long a criminal should spend in jail.
“I can impose a custodial sentence and then not know when the person involved will be released.
“It puts judges in a very difficult position.”
Opposition politicians have welcomed Sheriff McCreadie’s comments, describing early release as a scandal which puts “convicts in the community rather than prisoners in prison.”
The judge spoke while preparing to jail a “common thief” for a string of shoplifting offences.
Gemma MacDonald’s solicitor had suggested a court order such as probation might, given the likelihood of early release, represent a “tougher option” for the accused.
The frustrated sheriff said, “It is the case that I can sentence someone for a period only for them to be released and then offend again and appear before me prior to the expiry of their original sentence.”Re-offended within daysNevertheless, he insisted a custodial sentence in MacDonald’s case was “inevitable.”
The 29-year-old, of East High Street, Crieff, admitted stealing clothing and perfume from high street stores between May 2008 and August this year.
MacDonald admitted a total of five shoplifting charges and also confessed to possessing heroin.
Despite his anger over early release, Sheriff McCreadie jailed the accused for 16 months.
He said, “In all likelihood you will be released some time in April.
“That should give you ample time to reflect on your position.”
Sheriff McCreadie’s comments come just two months after his Perth colleague Lindsay Foulis launched a scathing attack on the nation’s justice system.
He hit out after hearing how a drug addict released early from prison re-offended within days.
Pamela Scrimgeour was jailed for 21 months after a string of offences including theft, house-breaking, fraud, drugs and breaches of bail and probation.
However, she was released with an electronic tag less than three months into the sentence.
“Surprise, surprise,” Sheriff Foulis said.”Sickening” processHe added, “We may as well just put the lights out and walk away.
“In this case someone sentenced to 21 months who has got a history, and indeed a recent history, of failing to comply with bail orders, offending while on bail and yet she is out after a quarter of her sentence.”
Last night Mid-Scotland and Fife MSP Murdo Fraser said he “shared” Sheriff McCreadie’s frustration.
He said, “I am completely against automatic early release and victims of crime in Perth and Kinross think it is sickening that criminals are automatically released halfway through their sentence if it is less than four years.”
He added, “I do not want to see criminals back on our streets in Perth and Perthshire soon after they have committed their crime.
“Not only is this an injustice to victims and society, but the prison service has less time to try and reform criminals.”
Mr Fraser accused the Scottish Government of attempting to “empty” the nation’s prisons.
He said, “It is clear that we are sinking deeper into the mire of soft-touch Scotland under the SNP Government.
“They have still not scrapped early release and instead are sending muggers and robbers back on to the streets even earlier to strike again.””Return to honesty” neededHe added, “There are cases where a criminal who gets 12 months could be strolling back into their local pub in a matter of weeks.
“That is a scandal that must end.
“The SNP wants convicts in the community rather than prisoners in prison.”
Fellow Mid-Scotland and Fife MSP Liz Smith said, “Scottish Conservatives have long campaigned to end automatic early release and have brought forward several amendments to bills but have failed to attract the support of other parties.
“The SNP Government has taken the situation to a new low by scrapping sentences of six months or less, thus tying the hands of judges.”
She added, “We need to see a return to honesty in sentencing if we are going to re-instil public confidence in the criminal justice system.”