Judges cannot decide sentence based on prison space

1.14.50pm BST (GMT +0100) Fri 26th Sep 2008

A benefits cheat has avoided a jail sentence after a sheriff said there was no room for him in Scotland's overcrowded prisons.

Commenting, Scottish Liberal Democrat Justice spokesperson Robert Brown said:

“Judges should never be put in the position of having to decide a sentence on the basis of space in prisons.

“The Justice Secretary must take urgent steps to make it clear to judges that it is not their job to worry about the number of criminals in prison. If they feel that sending someone to prison is the right outcome that is what they should do. They can leave the government and the prison service to manage the consequences.

“Liberal Democrats want judges and sheriffs to have the option of tough community sentences as an alternative to prison. Tough community sentences will help cut re-offending and free up space in our prisons for violent and dangerous criminals.”