The Scottish Government today faced calls to abandon plans to phase out prison sentences of less than six months as MSPs prepare to debate the management of offenders.
The Scottish Government today faced calls to abandon plans to phase out prison sentences of less than six months as MSPs prepare to debate the management of offenders.
Labour claim the measure will mean a range of criminals including knife criminals, people guilty of crimes of violence and some sex offenders avoiding custody.
Justice secretary Kenny MacAskill set out plans last month as part the forthcoming Criminal Justice and Licensing (Scotland) Bill.
Judges should not impose a custodial sentence of six months or less unless they feel there is no other option, under its terms.
Labour's justice spokesman Richard Baker said that with breaches of community sentences at record levels and lower numbers of social workers in Scotland that the SNP are already failing with the community sentence regime currently in operation.
Mr Baker said: "Kenny MacAskill's plans amount to nothing more than a crook's charter - a get out of jail free card for knife criminals and even some sex offenders.
"His mismanagement of the justice system means that he's now desperate to embark on a leap in the dark on a gross expansion of community sentencing while at the same time he flatlines the community safety budget."
Breaches of community sentences are up 14% according to Mr Baker and the use of drug treatment and testing orders went down by 14%.
"Mr MacAskill should get a grip of existing community sentences before going down this dangerous path," Mr Baker added.
"Every party in the Parliament needs to think about the message that endorsing these plans sends to Scotland."
But the SNP accused Mr Baker of being at odds with many in his own party.
SNP MSP Angela Constance said his views on community sentences ran counter to the opinions of former First Minister Henry McLeish, Labour former justice minister Cathy Jamieson, and others in his party.
"Tough community sentences are needed to punish short term offenders who have enjoyed free bed and board at the taxpayers expense for too long," she said.
"Richard Baker's latest hyperbole will only cause further splits in Labour's rank.
"It is quite clear that his approach is at odds with many in Labour and causing dissent within the ranks.
"With nameless MSPs briefing against him it is obvious that his adoption of the failed Tory position is not popular."
She went on: "Those in Labour who want to see a sensible approach taken to tackling reoffending, to introducing tough community sentences and to punishing short term offenders should speak up and end their party's ridiculous scaremongering."
Liberal Democrat justice spokesman Robert Brown backed community sentencing for minor offenders, but urged ministers to reassure the public that the sentences would start immediately and be properly supervised.
"The community payback regime proposed by the Scottish Government is the right thing to do," he said.
"But, there is no indication from the SNP that they are targeting appropriate resources into supporting this new system."
Tory justice spokesman Bill Aitken argued that courts had no confidence in community service work.
And many offenders on short sentences had been sentenced to longer periods but had been released early.
"If community service worked in the way we would all hope it would work, do (supporters of the move) not think sheriffs, judges and magistrates would have been used it much more regularly?" he told Good Morning Scotland.
"The fact is that sentencers have no confidence in it."












