SCOTLAND's sentencing guidelines for people under 25 and cuts to policing and youth services are behind rioting on Bonfire Night, the justice secretary has been told.
Police Scotland on Monday condemned the “extreme violence”, in which petrol bombs and fireworks were thrown at riot officers in Edinburgh and several officers were injured.
First Minister Humza Yousaf also voiced his concerns about the “thuggish” and “reckless” behaviour on November 5, when fire crews were also attacked.
READ MORE: Constance 'open to discussion' on fireworks sale ban
The worst disorder happened in the Niddrie area of Edinburgh, where dozens of youths gathered on Hay Avenue just before 5pm on Sunday in a repeat of disorder in the neighbourhood last year.
Police said that about 50 people had been responsible for directing fireworks, petrol bombs and other projectiles at buildings, vehicles and police officers.
Former children and young people's commissioner, Tam Baillie, said on BBC Radio Scotland programme on Tuesday that cuts to youth services in deprived areas could have been a factor in the disorder.
But Ms Constance said: "I would dispute that, but the point that Mr Baillie makes about prevention is an important one and this Government continues to invest in preventative services."
The justice secretary pointed to the CashBack for Communities programme, which redirects fund seized by police under the Proceeds of Crime Act to youth services, and the violence reduction framework, as such investments.
READ MORE: Edinburgh riot sparks fresh demand for ban on sale of fireworks
Ms Constance has come under attack from political opponents with the Scottish Conservative shadow justice secretary Russell Findlay criticising youth sentencing policy and a fall in police numbers as factors behind the violence.
Guidelines from the Scottish Sentencing Council say that a criminal below the age of 25 should be imprisoned only as a last resort and that, if they are jailed, their sentence should be shorter than if they had been older.
Asked about the policy, Ms Constance said: "The Scottish Government has also supported our court system to be robust where they consider that most appropriate.
“As well as fireworks and pyrotechnics legislation, which can indeed carry a custodial sentence as well as hefty fines, we do have common law offences for assault and breach of the peace where the penalties are unlimited in terms of fines and imprisonment.”
READ MORE: Firework violence reveals dark failings in Scots society
Pressed further on sentencing guidelines for under 25s, she said: “It is important to accurately reflect what the sentencing guidelines for young people actually says. Yes, it has a focus on rehabilitation and evidence led sentencing, in regards to what, at the end of the day, has the best prospects of working to make our communities safe.
“But it also clearly mentions punishment and imprisonment, so these matters are up to the courts.”
Mr Findlay said: “The justice secretary was in a complete flap when challenged over the impact her government’s weak and ill-conceived sentencing guidelines.
“What did the SNP think would happen when young criminals are told they can run riot with no punishment?”
On police numbers, BBC Radio Scotland told Ms Constance that the Scottish Police Federation expects officer numbers to fall below 16,000 next year.
She was pressed how Police Scotland should deal with "being fired on with fireworks and petrol bombs"if they actually have fewer officers.
Ms Constance said: “Well, that is not analysis that I am privy to or indeed have received. I would question any analysis that police numbers would fall below 16,000.”
Mr Findlay added: “These answers will have done nothing to assure Scotland’s over-worked police professionals. With officer numbers around their lowest in 15 years, local communities are now paying the price.
“The Scottish Conservatives would recruit an extra 1,000 officers to tackle criminals and keep our streets safe.”
Ms Constance told the programme that the reasons for the disorder were "many and varied" and "somewhat complex".
She said: "The vast majority of young people are law abiding…but there are of course some young people who can be disengaged from society or indeed vulnerable, and therefore at risk of exploitation.”
The justice secretary was also asked about the average fine handed over for fireworks misuse being £147 and pressed what should happen to people convicted in connection with the offences on Sunday night.
Ms Constance replied: “Of course, it will be for the courts to decide, and for the prosecutors to decide, what action is taken against individual young people. That is not and should not be for politicians.”
Meanwhile, in Holyrood this afternoon Mr Findlay asked justice minister Siobhain Brown what action the Scottish Government planned to take in response to reports of the Bonfire Night violence.
Ms Brown described the attacks on emergency workers as "totally despicable".
She added: "The Scottish Government fully supports the courts using the extensive laws and powers to protect emergency workers, including the new statutory aggravation for attacks on emergency services through the Fireworks and Pyrotechnics Act.
"As part of the annual review of the police led multi agency operation moonbeam there will be an analysis of the incidents over the weekend and a response taken. The joint report the Scottish Community Safety Network report on anti social behaviour has been published today. And I have accepted the report's recommendations that we need to consider how we best develop our long term approach to preventing and tackling anti social behaviour.
"That is why I will be convening an independently chaired working group on anti social behaviour."
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