Sentencing can be a murky process for those outside the system who are not familiar with its details and eccentricities. Richard Baker says even Sheriffs have become concerned, and launches a campaign for transparency.

So, if lawyers and sentencers don’t know how long a convicted person will spend in prison, how are the public meant to know?

In 2010 Sheriff Robert McCreadie said that Sheriffs no longer knew how long criminals would actually serve behind bars because of the early release system. 

“Judges have been stripped of the authority to decide that when a person is jailed for a period then they will actually serve that period,” he said.

“I do not know when that person will be released. Sometimes people come back before me when they have been sentenced for a far longer time.

“It is a very difficult position for a judge.”

In March 2010, Sheriff Lindsay Foulis also hit out at early release of prisoners placed on home detention curfew.
He questioned why an accused person had been freed to commit more crime just two months after he imposed a 25-month sentence upon her.

The fact is, if Sheriffs are unaware of the time that an individual will serve then the general public are also kept in the dark.
I frequently get calls from journalists asking for comment on different criminal cases and the alleged leniency or lack of leniency shown. Journalists will often ask me that if a convicted person received a certain sentence, then when would the convicted person be first released?  Sentencing often lacks clarity.

Taking into account automatic discounts, then HDC, and then potentially home leave, then along with our learned Sheriffs I am also left guessing.

For a victim or witness of a serious crime that has had no involvement with the criminal justice system then it must be even more confusing for them. Along with other MSPs an important part of my postbag are the cases where victims of crime will say that when they heard the judge pass down – for the sake of argument – an eight-year sentence, they quite rightly thought that the individual would not be back in their community for eight years. They feel let down, even hoodwinked, and I feel it’s time to have an open debate on how to change the sentencing system to make it more transparent.

An obvious start to this would be the ending of Automatic Early Release. The previous Labour Executive legislated for this but so far the current SNP administration have not sought to implement its demise. As we approach the end of the Parliamentary session it looks increasingly unlikely that this will in fact happen.

The Sentencing Commission that was created by the recent Criminal Justice and Licensing Bill would appear to be a sensible body to look carefully into this matter but I think there also needs to be a wide-ranging debate.

It cannot just be the elite members of our Justiciary and legal system who participate. Sentencing and its effects impact us all. Not only victims of crime, but ordinary peole across Scottish communities also need to be listened to.

Any new system must be more transparent, and crucially, fairer than the current situation. Moving to a system where a sentencer makes their determination and the victim and wider society will know exactly how long that person will serve has to be the overall objective.

This approach would also reap benefits for the prison system.  Prison bosses would have more certainty on the length of time an individual will spend inside so suitable work, training and education could then be planned and delivered.

Obviously if there was a change then the whole nature of the sentencing system would change and on the surface it might appear that individuals were receiving lighter sentences. This should not stop politicians from ensuring a fairer system with greater transparency whereby everyone involved in case knows exactly where they stand.

Making such a change will not be simple – there are often unintended consequences with any reform – but along with changes coming in reaction to the Cadder judgement it could be an opportune time to reform sentencing as well.

There will be differing views on how any new scheme should work and the timescale for implementation but it is clear that the current system is not working for victims and it’s not working for those charged with handing down sentencing decisions.