Academics warn of the rise of 'mass supervision' by the justice system

But researchers looking at the Scottish justice system and others across Europe have concluded that a move towards more expansive and expensive penal systems which penetrate more deeply into the lives of increasing numbers of people is instead taking place.

In the mid-1970s fewer than 3,000 probation orders were imposed in Scotland, but by 2013-14 more than 20,000 people were serving Community Payback sentences.

In the same time the prison population has risen from 6,000 to a high of 8,178 in 2011-12, while the average daily number of inmates was 7,851.

A network of 60 leading researchers spent four years looking into the justice systems of 23 European countries and regions, exploring different aspects of offender supervision, whether imposed instead of imprisonment of a sentence or after a custodial sentence for the COST Action study.

Chairman Professor Fergus McNeill, of the University of Glasgow, said: “We have spent four years studying a rarely examined aspect of criminal justice systems where fundamental relationships between the state, civil society and citizens are tested.

"These institutions, cultures and practices are mirrors into which we must look, even if we don’t always like what we see.

He said that Scotland has more prisoners and people under supervision in the community than most other European countries, and that UK politicians remained wedded to the idea of offenders being seen to be punished rather than rehabilitated.

More people were being caught in the 'net of penal control' because of the Scottish courts lacked the option to impose a suspended sentence, while there had also been a move away from imposing fines.

Prof McNeil added: "The reason that there are more people under supervision could be that as a society we have become more fearful.

"We have had 30 or so years of the politicisation of crime and punishment, starting with Margaret Thatcher in the 1980s, and law an order is now very much a political issue.

"Punishment is a way for a government to show its credentials. We have become very active consumers of punishment, and its time that, as a society, we should go on a diet.

"Our penal system is too concerned with punishment and imprisonment, but what we have found is that changing our ways is not as easy as we first thought."

The researchers called for two core principles govern supervision of offenders. First, it should be proportional to the offence, with no-one subject to more demanding or intrusive supervision than their behaviour deserves.

It should also be delivered in a way that minimises discomfort and disruption both for offenders and their families.

Vice-Chair of the network Professor Kristel Beyens, of the Free University of Brussels: “We now know that expansion and diversification of supervision across Europe is not, in general, impacting significantly on prison populations.

"We also have emerging evidence from our own work that, contrary to common public perceptions, supervision is a painful experience, even when it is experienced as fair and helpful.

"The net of penal control is expanding and drawing more people in, and we urgently need to address and arrest that expansion.”

A Scottish Government spokeswoman said: “We are working towards a position where prison sentences, particularly short term sentences, are used less frequently, with a stronger emphasis on robust community sentences which address the underlying causes of offending. This approach is working, with reconviction rates at their lowest for 16 years.

“Community sentences deliver real benefits, both to local communities and to the individuals who can use them to turn their lives around, and are more effective at reducing reoffending than short prison sentences.

“In 2013/14, over 1.8 million hours of unpaid work were imposed as part of these orders and the range of projects undertaken included support for winter resilience and flood clear-up to refurbishment and redecoration of community spaces.”