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Revisiting
‘A unique punishment’
Professor Jacqueline Tombs
Glasgow Caledonian University
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Background to the research
• Rethinking Crime and Punishment
initiative was set up in 2001 in response to
widespread concern about the UK’s
growing reliance on imprisonment.
• Aimed to raise level of public debate about
the use of prison and alternative forms of
punishment and, thereby, encourage more
rational criminal and penal policy.
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The research study
• Statistics on sentencing patterns/trends on
the use of imprisonment in the courts.
• Interviews with 5 Judges of the High
Court, 34 Sheriffs across Scotland and a
Stipendiary Magistrate.
• Borderline cases – two of which went to
custody and two of which went to
community sentences.
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Progressive growth
• increased custody rates, length of
sentences, use of adult remands;
• increased convictions for serious assault &
attempted murder and for drugs offences;
• policy/practice changes re automatic
release, parole and the release of life
sentence prisoners; and
• decreased use of fines
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Understanding the growth
• a more punitive climate of political, media
& public opinion about crime/punishment;
• legislative & policy changes encouraged
inflationary drift in sentencing;
• some changes in patterns of offending;
• sentencers’ perceptions of changes re
increased seriousness & drugs; and
• other changes in criminal justice
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Absences in alternatives
• residential drug/alcohol treatment centres;
• supported accommodation;
• secure accommodation for those with
mental health problems;
• education and training for employment;
• community programmes for sex offenders;
• driving programmes for young offenders.
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‘Up-tariffing’
‘There have been great advances in
community penalties in recent years but
we have to be careful that we don’t ‘trade
up’ what would previously have been dealt
with by a fine. There is always the drift –
watch you don’t say to yourself – this
might do them some good – we’re not
here to do good. We’re here to be just.’
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What is prison for?
‘There is a need to re-examine the
progression to prison…. What is
prison for? How far do we… and how
far should we use community
sentences? How often? Why not
again and again?’
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Investment in communities
“Though long-term savings would result
from better targeting and limiting the use
of imprisonment, the Government and the
people of Scotland should be left in no
doubt that we first need up-front
investment in better services in and for
Scotland’s communities.” (Report of the
Scottish Prison Commission, 2008, 6)