What are the alternatives to imprisonment?
There are a range of alternative disposals or punishments available to sheriffs or judges.
If a person is found guilty of committing a crime the judge or sheriff has a range of punishments or disposals that they may choose to hand down other than a prison sentence:
- a firm warning or admonition
- a financial penalty or fine
- a requirement to carry out unpaid work (Community Payback Scheme)
- a restriction of liberty order (ROLO) where a person is fitted with a tag and their freedom is limited
- a Drug Treatment and Testing Order (DTTO) used where someone’s criminal behaviour is linked to drug misuse
In making a decision on a punishment or disposal, the sheriff or judge will take account of a range of factors including:
- the age of the defendant when the crime took place
- their previous criminal record if they have one
- the extent to which the defendant displays regret for their criminality
- most importantly, the seriousness of the crime
Increasingly judges or sheriffs also take account of what disposal is most likely to ensure that someone found guilty does not reoffend later in their life.
Financial penalty or fine
A fine is usually a financial payment made to the court for less serious crimes or offences.
For example, someone caught speeding in their car for the first time will most likely have their licence endorsed – stamped with penalty points - and be given a £100 fine.
Fines are the most common sentence handed out by the court. In 2020-21, 45% of punishments were fines.
Community sentences
A community sentence is the collective term for a range of sentences that are served in the community. It includes Community Payback Orders, Restriction of Liberty Orders and Drug Treatment and Testing Order (DTTO).
Community Payback Orders
Community Payback Orders (CPOs) are punishments designed so that offenders put something back into the community. They involve a range of unpaid work (average 132 hours in 2021-22) plus rehabilitation programmes to address offending behaviours. CPOs represented 74% of all community sentences in 2021-22.
Unpaid work undertaken by offenders includes:
- litter clearance
- graffiti removal
- repairing and redecorating community centres
- environmental work, eg maintaining public open spaces and churchyards
Restriction of Liberty Order (inc. electronic tagging)
A Restriction of Liberty Order (RLO) requires a person to remain within a location, usually their home, at times and dates decided by the court. Often a RLO involves the use of an electronic tag. A RLO is cheaper than a prison sentence and is monitored by the local authority social work department. RLOs made up 24% of people receiving community sentences in 2020-21.
Drug Treatment and Testing Orders
Drug Treatment and Testing Orders (DTTOs) are designed to reduce offending by addressing offenders with a drug misuse problem. DTTOs involve the close monitoring of offenders who are follow a drug treatment programme. 330 DTTOs were issued in 2021-22.
CashBack for Communities
Since 2008, the Scottish Government has run a programme called CashBack for Communities. It takes funds recovered from the proceeds of crime and invests them into free activities and programmes for young people across Scotland.
Since 2008, £130 million recovered under the Proceeds of Crime Act has been committed to the CashBack for Communities Programme and other community initiatives. The programme has funded 2.5 million activities and opportunities for young people.
This investment includes:
- support for young people most at risk of antisocial behaviour, offending or reoffending
- Person-centred support for those who have experienced Adverse Childhood Experiences and trauma
- Support for young people to improve health, mental health and wellbeing
- Direct support for those most affected by crime be that individuals, families or communities
