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There are a range of alternative punishments which are used by courts in Scotland other than sending a person to prison.

Community Payback Order

Community payback schemes are punishments designed so that offenders put something back into the community.

Projects undertaken by offenders include:

• Litter clearance
• Graffiti removal
• Repairing and redecorating community centres
• Environmental work, e.g. maintaining public spaces and churchyards

Restriction of Liberty Order

This is monitored using an electronic tag. The tag sends a signal to a monitoring unit, which is placed in the area of restriction. If the person leaves, someone is alerted, and action is taken. This is likely to mean that the offender will be taken back to court for breaking their conditions.

Drug Treatment and Testing Orders

Drug Treatment and Testing Orders (DTTOs) are designed to reduce or stop offending by addressing problem drug use through the provision or access to a closely monitored treatment programme.

In 2020-21 the crimes/offences where community sentences were most given for that type were:

• other sexual crimes – 389 people, or 67% of court disposals for these crimes
• sexual assault – 87 people, or 59%
• Domestic Abuse (Scotland)Act -216 people or 56%
• other non-sexual crimes of violence – 57 people, or 51%
• theft of a motor vehicle – 66 people, or 40%
• handling offensive weapons – 476 people, or 39% of court disposals
• other dishonesty – 160 people, or 38% of court disposals
• common assault – 1,647 people, or 34% of court disposals
• other theft – 260 people, or 29% of court disposals

Fines

Courts can also give out fines. The amount varies depending on the crime and on the court handing them down as each has a maximum:

• Justice of the Peace Court – up to £2,500
• Sheriff Court – up to £10,000 for summary cases
• Sheriff Court – unlimited for solemn cases
• High Court – unlimited

Fines are the most common sentence handed out by the court. In 2021-22, 39% of punishments were fines.

On some occasions, courts also or as an alternative impose compensation orders where those found guilty in court must pay monies to the victim of their crimes.

Other sentences

Other sentences are mostly admonishments which is where a verbal warning is given by a sheriff to someone found guilty in a court.

According to Scottish Government statistics, in 2020-21, 8,417 people were admonished, which represented 20% of all convictions. The crimes where admonishments were most given were shoplifting and crimes against public justice.

Early and Effective Intervention programmes

Early and Effective Intervention (EEI) programmes are part of the Scottish Government’s Youth Justice strategy which is based on bringing together a range of different groups (social workers, community youth workers, schools, police, etc.) to better support young people and their families to reduce their chances of becoming involved in crime. Examples of EEIs may include working closely with families in their own home to build up trust and share advice, or working with schools to provide more appropriate educational experiences for a young person.

Violence Reduction Unit

This was set up in 2005 by Strathclyde Police. They try to tackle violence before it happens by treating violence like a disease.

By doing this, they look at the cause of the violence and create solutions to stop this from spreading. These solutions can include helping people who have been in prison find and maintain a job, working in schools and with local communities.

Mentors in Violence Prevention (MVP) runs in schools across the country and helps pupils feel more comfortable in reporting safety concerns, meaning they are less likely to be a bystander.

Effectiveness of alternatives to prison disposals

Although there is no one agreed way to measure the effectiveness of alternatives to prison disposals, it could be argued that alternatives are more effective as:

• Use of alternatives to prison sentences usually have better outcomes for reducing re-offending
• Alternatives to prison allow offenders to continue working and stay at home, reducing the negative impact on families

However, it could also be argued that:

• Some offenders fail to complete Community Payback Orders or pay their fines
• Some offenders commit further crimes while subject to Community Payback Orders or Restriction of Liberty Orders