Scottish Government
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Major justice reforms passed

Wide ranging reforms to Scotland's justice system which aim to make communities safer and stronger have been approved by the Scottish Parliament as the Criminal Justice and Licensing (Scotland) Bill was voted through by MSPs.

As a result:

  • A Scottish Sentencing Council will be established to ensure greater transparency and consistency in the sentencing process
  • There will be a presumption against short sentences of three months or less in order to end the revolving door of re-offending with low level offenders being sent out to address their offending behaviour and repay their debt to the community through tough manual labour under a new 'Community Payback Order'
  • A series of new offences will be brought in to deal with serious and organised crime taking the fight to those involved in crime in Scotland's communities
  • New measures will be brought in to strengthen the law on stalking
  • New powers to increase the sentences of prisoners who make use of advances in mobile phone technology to run their criminal empires from prison
  • The age at which a child can be prosecuted in adult criminal courts will rise from eight to 12 to help ensure the rights and needs of children are balanced properly with the protection of communities
  • Reforms to the criminal law and court procedures will help the courts and prosecutors ensure the interests of justice are served and protecting the rights of victims and witnesses
  • Improvements to the law on the retention of DNA and fingerprint data for use in investigating and prosecuting crime
  • A statutory framework for the disclosure of evidence to the defence in criminal cases - confirming the integrity as to how our courts deal with cases

Opposition party proposals to introduce a mandatory minimum sentence for carrying a knife were voted down by the Scottish Parliament. Mr MacAskill said that courts already have the power to introduce a sentence of four years for carrying a knife and that the proposals were not supported by leading police officers.

MSPs also rejected opposition amendments to make it illegal to pay for sex or advertise sexual services, as well as targeting those who traffic women for prostitution.

Proposals by Sandra White MSP to introduce further restrictions on lap dancing clubs were voted down by MSPs.

A separate opposition amendment calling for victims to be allowed to give evidence at parole board hearings of people who committed a crime against them were also voted down.

Victims can already make written representations to the Parole Board and Community Safety Minister Fergus Ewing said a working group has been established to look into the parole board issue.

Speaking following the proceedings, Justice Secretary Kenny MacAskill said:

"This is a major piece of legislation which will bring important reforms to Scotland's justice system. From top to bottom, our justice system is being strengthened and Scotland's communities will be safer and stronger as a result.

"There has been strong support for our proposals among those on the frontline who are successfully combating crime day in day out in Scotland, punishing offenders, and championing the interests of victims and I am pleased to see that this has now been reflected by Parliament voting in favour of our proposals.

"We have an all time record number of police officers on Scotland's streets - over 1,000 extra since March 2007 - making our communities safer with recorded crime currently at its lowest level for nearly 30 years and we want that to continue.

"Law enforcement agencies will now have even more powers at their disposal to take the fight to criminals, tackle crime and make Scotland a safer place for all."

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