Chamber
Meeting of the Parliament 06 January 2016
06 Jan 2016 · S4 · Meeting of the Parliament
Item of business
Portfolio Question Time
Short-term Sentences (Consultation)
Justice and the Law Officers
A presumption is exactly that: it is a presumption. It will be open to sheriffs to determine these matters when the issue is laid before the court. That is the case with the presumption against short sentences of three months. If a sheriff at a particular point believes that a custodial sentence is the most appropriate action that should be taken, that action remains open to them. Any extension of that presumption would mean that sheriffs would continue to have the powers to choose to do so.
I reassure the member that a presumption is exactly that—it is nothing more than a presumption—and sheriffs will continue to have the powers to determine whether to send someone on a custodial sentence should they see fit to do so.
In the same item of business
7. Annabel Goldie (West Scotland) (Con)
Con
To ask the Scottish Government when it will publish its response to the consultation on the presumption against short-term sentences. (S4O-05210)
The Cabinet Secretary for Justice (Michael Matheson)
SNP
The consultation on proposals to strengthen the presumption against short sentences closed on 16 December. We received 63 responses in total, and I record my...
Annabel Goldie
Con
The nub of the issue is that Governments must neither obstruct nor compromise the freedom of judges to impose a custodial sentence of any length where the ju...
Michael Matheson
SNP
A presumption is exactly that: it is a presumption. It will be open to sheriffs to determine these matters when the issue is laid before the court. That is t...
The Deputy Presiding Officer
Con
That concludes questions on the justice and the law officers portfolio. My apologies to those members I have not been able to call.