Prisoners would not be eligible for automatic early release

The Scottish Executive's plans to overhaul sentencing were passed despite Conservative objections.

The bill will see the early release scheme replaced with a new system of two-part sentences which combine custody and community elements.

Justice Minister Cathy Jamieson said the reforms would help cut crime and make Scotland safer.

The Custodial Sentences and Weapons Bill was passed by 89 votes to 23.

Prisoners currently serving under four years are automatically freed halfway through their sentences.

Prisoners will no longer be able to assume they will be released from prison halfway through the term Cathy Jamieson Justice minister

Under the bill, convicted criminals sentenced to more than 14 days would be required to serve at least half their sentence behind bars but this may be increased to three quarters.

The new law also bans the general sale of swords and brings in a licensing system for knife dealers.

The Conservatives, who originally introduced early release, said the new laws were not tough enough.

Their motion for offenders to spend 85% of the overall length of their sentence in prison was defeated in the Scottish Parliament.

A Conservative attempt to ensure repeat offenders served the whole period behind bars was also voted down.

Extra cells

Ms Jamieson said: "Under the new regime prisoners will no longer be able to assume they will be released from prison halfway through the term.

"It will be clear that their behaviour can determine when they are released and they will know that whatever part of that sentence they spend in the community must be served under strict licence conditions."

She added the changes would "tackle the causes of criminal behaviour, reduce re-offending, cut crime levels further and continue building a safer, stronger Scotland for all."

The reforms will require an estimated 1,100 extra spaces in Scotland's jails.

Conservative chief whip Bill Aitken pointed out that under the current system someone given a six year sentence would serve four years in prison.

But he said the changes would mean they would now spend only three years in jail.

'Lost opportunity'

Mr Aitken said: "Today the Lib-Lab Pact lost a great opportunity to stand up for the victims of crime.

"Early release now means, in most cases, earlier release."

First Minister Jack McConnell accused the Tories of a "breathtaking misrepresentation" of the situation during First Minister's Questions.

He said that the new community part of the sentence, with its element of rehabilitation, would result in an improved system and make Scotland safer.

"Today we're creating a system where if the judge says you will spend a number of years in prison, you will spend that number of years in prison," he said.

Kenny MacAskill said: "Clearly what the executive is attempting to do here, we believe, is beneficial but actually there should be a clear statement in open court of law of what the period of custody will be."