Probation dodged by hundreds of criminals

HUNDREDS of criminals put on probation or given community service in Edinburgh never actually complete the order, it was revealed today.

The Evening News has discovered that of 409 probation orders granted by the Capital's courts in 2007/8, just 229 people successfully finished their term of good behaviour or were given an early discharge.

The orders, typically applied as an alternative to prison, were breached in 125 cases during the course of the year.

Meanwhile, offenders given community service to avoid custody completed only 358 out of 617 orders to carry out unpaid work.

And only a third of drug treatment and testing orders (DTTOs), where addicts who offend must provide clean samples to continue to avoid jail, were successfully completed during the period. Scottish ministers said breaches of these community punishments were being "enforced robustly".

But critics of the system said the figures were "worryingly high".

The SNP wants to replace short-term prison sentences – which are seen as costly and ineffective – with beefed-up community sentences to tackle the causes of offending.

To do this, justice secretary Kenny MacAskill has unveiled plans for a "presumption" against sentences of six months or less – and hopes sheriffs will turn to new community payback orders as an alternative punishment.

Only 58 per cent of community service orders (CSOs) terminated between April 2007 and March last year were completed successfully. Eighty of these went uncompleted because the offender left the Edinburgh area, while two people died.

Lothians Tory MSP Gavin Brown said: "The number of people failing to successfully complete these orders is worryingly high. We need to know why these orders are being breached, what we can do to stop it, and what genuine punishments can be given for breaches.

"In many cases, these orders are an alternative to prison so you would expect people to learn their lesson and complete them."

Among the recent cases of re-offending while on probation was violent criminal Ryan Smith, 25 – the nephew of former Death Row Scot Kenny Richey – who raped a 16-year-old schoolgirl while holding her captive for seven hours.

Smith, who was free on two bail orders over alleged assaults and thefts at the time of the attack, was also on probation when he attacked the girl in February. He admitted the rape and is currently awaiting sentencing.

DTTOs are generally handed to people whose offending is directly related to their drug addition, such as burglars who steal to fund their habit. Such offenders are likely to be prolific, so helping them to quit can have a major impact on crime rates, while keeping them out of jail can also help keep down the overcrowded prison population.

But only 28 out of 73 orders terminated in 2007/8 by the courts was finished successfully by the offender.

A Scottish Government spokesman said: "An essential part of our offender management plan is the need for swift, tough and visible community sentences – which we know see fewer offenders re-convicted after two years than those given short spells in prison.

"Community sentences should be enforced robustly and breaches dealt with effectively – whether continuing with the order or a sterner alternative put in place."


Your Say: Are you in favour of more community sentencing?

Iain Skeldon, 29, bank worker, Leith: "There needs to be options instead of prison but community sentences should only be for those less likely to reoffend."

Bruce Paxton, 41, joiner, Tollcross: "It's not a deterrent. A few hours of gardening is not much of a punishment."

Caroline Kemp, 44, housewife, Leith: "There need to be tougher punishments for people who don't complete community sentences."