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The SNP's flagship criminal reform bill is published today, introducing a range of new sentencing regimes which Justice Minister Kenny MacAskill claims will target organised crime.
"This Bill can significantly strengthen the hand of our law enforcement agencies to tackle serious organised crime linked to drugs, money laundering, human trafficking and sexual exploitation and give police and the courts new powers to deal with predatory sex offenders," he said.
"The Bill will also help tackle the corrosive impact of alcohol misuse in our communities, whether fuelling antisocial behaviour and disorder or more serious crimes that have claimed the lives of too many of our people. This Bill can also help us to break the hopeless and perpetual cycle of short prison spells, which lead to a loss of employment, housing and family ties and a greater likelihood of reoffending on release.
"Three-quarters of those given a prison sentence of six months or less reoffend within two years while almost three-in-five sentenced to community service instead have a clean record over the same period. The Bill proposes a presumption against these short periods of imprisonment and provides for tough new community sentences, to be started earlier, to be monitored under new 'progress courts', to deliver visible benefits to communities and help tackle individuals' offending behaviour.
The bill inludes measures such as the creation of new offences of directing, involvement in or failing to report serious organised crime. It also allows the Crown to appeal against court decisions that end solemn trials without a jury verdict, enabling retrials.
The bill also proposes to establish a statutory regime for disclosure of evidence in criminal trials, close the loophole that allows spouses/civil partners to avoid giving evidence against their partner, widen the scope of Sexual Offences Prevention Orders and outlaw the possession of extreme pornography and increase maximum jail terms for publishing, selling or distributing it;
The bill creates a presumption against short prison sentences, and raises the age of criminal responsibility from 8 to 12.

