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Under the scheme, proposed by Cathy Jamieson, the justice minister, inmates deemed likely to commit more crimes will be subject to strict curfews after their prison term ends.
Believed to be the first system of its kind in the world, ministers hope it will help reduce Scotland’s massive rate of recidivism. Currently 70% of prisoners go on to commit further crimes after being freed.
Critics have warned, however, that the measures will breach human rights as they seek to punish people for crimes they have not yet committed. Opposition parties and civic groups are concerned the proposal is another populist gimmick to boost the Scottish executive’s image as tough on crime.
Jack McConnell, the first minister, has made a crusade against “neds” a central theme of his administration, already pledging to tag children as young as 10 and court witnesses, as well as jailing parents of young offenders.
Tagging, which costs about £12,000 per person per year, would be used on newly released prisoners convicted of crimes such as burglary and theft who are considered to be at high risk of reoffending.
As an extension of their parole order, they will be tagged for months, and in some cases years, restricting their freedom of movement at evenings and weekends.
A new agency will be set up to decide who should be tagged and for how long.
Jamieson said the current system was not working and was a waste of taxpayers’ money and tagging was the “right thing to do”. She said: “More than eight out of 10 of those sentenced to jail (get) less than six months — too short for the prison system to change anyone’s offending behaviour and with little follow-up on release.”
Other measures will include offenders reporting regularly to police stations, taking part in educational courses, taking lessons in financial management and drug treatment courses.
“Because of the scale of the problem the country faces in reducing reoffending, the most radical option of a single agency to bring together our prison and social work professionals into a national offender management agency has to be seriously considered,” said Jamieson.
According to executive figures 62% of those discharged from custody reoffend within two years; 71% within four years. Almost 70% of those found guilty in court had one or more previous convictions.
Between 1991 and 2001 there was a 26% increase in the average daily prisoner population and a 72% increase in the Scottish Prison Service budget. Over the same period there was a 35% rise in community sentences while spending on criminal justice social work services rose by almost 300%.
The executive will launch a consultation on its proposals in January with the possibility of fresh legislation later in the year.
However, John Scott, chairman of the Scottish Human Rights Centre, said the new policy could be illegal under the European Convention on Human Rights.
“The executive has been badly advised on its criminal justice policy. The current system of risk assessment is not good enough and people will end up being tagged when they do not need to be. There could be significant human rights issues,” he said.
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