Ministers hope the move will reduce overcrowding

The Deputy Justice Minister, Hugh Henry, said that imposing community sentences could be a far more effective way of tackling re-offending than short-term jail terms.

Ministers are hoping the move will help reduce overcrowding in Scotland's jails.

But the Conservatives have accused the executive of "throwing in the towel" on crime.

Mr Henry said: "There remains a large volume of low level and petty offenders being sent to custody every week.

"For example, there are around 4,000 people sent to jail each year for fine default, half of them sentenced for a week or less.

"Not only do these sentences have no real punitive value but processing offenders on short term sentences through the system often costs the taxpayer far more than the original fine.

"I have difficulty justifying that system."

The minister was speaking ahead of an executive debate on the alternatives to custody.

'Smart option'

He said that this could reduce prison overcrowding, cut re-offending, and make the justice system more efficient.

The executive is planning to extend the use of Supervised Attendance Orders (SAOs) to fine defaulters.

Spending up to 100 hours undertaking constructive activity is much more valuable to the offender and to society than a couple of nights in prison Hugh Henry MSP

Mr Henry said the SAOs were "a fine on people's time rather than their pocket".

"We intend to make use of existing legislation to pilot in certain courts mandatory use of SAOs for fine defaulters.

"This will in effect withdraw the sanction of custody for this group of minor offenders."

Answering critics, who claimed this was letting convicted criminals off, Mr Henry said: "This is not a 'soft' option but a smart option.

"We are talking about people whose original offence did not justify a custodial penalty but who may now end up in jail because they do not have the means to pay the fine.

'Back-to-front approach'

"And spending up to 100 hours undertaking constructive activity on a Supervised Attendance Order is much more valuable to the offender and to society than a couple of nights in prison."

The SNP and the Liberal Democrats have welcomed the move, but Tory justice spokeswoman Annabel Goldie MSP said: "This is a typically back-to-front approach by the Scottish Government which is clearly well on the way to throwing in the towel on crime.

"The prison population is rising becasue crime under this government is rising but instead of lowering the prison population by tackling crime, it is doing it by sending fewer criminals to jail."