What factors contribute to individuals receiving short custodial sentences of 12 months or less despite the existence of the presumption against short sentences?

Background

The Scottish Government’s Vision for Justice aims to support rehabilitation, use custody only where there is no alternative and work to reduce reoffending and revictimisation. It also aims to establish an effective, modern person-centred and trauma-informed approach to justice in which everyone can have trust, including as victims, those accused of crimes and as individuals in civil disputes. As such, Justice Analytical Services have identified the theme of ‘Sentencing Prisons & Rehabilitation’ as a research priority. Robust research on offenders, their rehabilitation and sentencing patterns will inform work towards these aims.