In opposition he made it clear that Scotland's expanding prison population had to be reduced and that too many low-level offenders were being locked up.

In opposition he made it clear that Scotland's expanding prison population had to be reduced and that too many low-level offenders were being locked up.

Kenny MacAskill has been indefatigable in his calls for the system to tackle the causes of crime rather than imprisoning the "flotsam and jetsam" of society, including those who have failed to pay fines.

Now, as the new Justice Secretary, he is able to put some of those beliefs into action.

As the numbers swelled under previous administrations, the promises of ministers to tackle the increasingly expensive prison estate failed to have any impact.

In 2006 some 6213 people were imprisoned for defaulting on fines. About 85% of them had failed to pay fines of less than £500.

Some 479 of these fine defaulters were women. In one case a woman was sent to Cornton Vale for failing to pay the final £10 required.

Many only spend two or three days in jail but it costs hundreds of pounds to transport, interview and put each one through the induction process. It also places increased strain on limited resources in overcrowded prisons.

Opposition politicians, prison governors and experts, including Scotland's chief inspector of prisons, have said jail terms for fine defaulters should be scrapped to allow such facilities to concentrate on the rehabilitation of serious and violent offenders.

Approximately one in five prison receptions is for a fine defaulter. Because they spend so little time there, this group makes up a small proportion of the average daily population in prisons but takes up a disproportionate amount of staff time.

The executive has piloted mandatory use of Supervised Attendance Orders (SAOs), a form of community service introduced in 1995 for fine defaults of up to £500, at Ayr Sheriff Court and Glasgow District Court since May 2004. From September SAOs will be rolled out across Scotland.

The orders incorporate unpaid community work with skills training and support, to get offenders off drugs.

Bernadette Monaghan, director of Apex, a voluntary body that works to reduce reoffending and manages SAOs, said: "I would welcome anything that would stop people from going into custody when they don't need to be there."

Many argue that prison is currently used far too widely and contains too many low-level offenders with mental health and drug addiction problems, who would be best dealt with in the community.

"Those who cannot afford to pay should not be given the option of doing the time because that is not what prison is for, and this is not repaying the harm they have caused," Mr MacAskill told The Herald.

Some 20% of outstanding fines have not been collected in recent years. Early next year, new fines enforcement officers will be introduced with the power to deduct money from people's benefits, seize vehicles and arrest wages if necessary.