Sentencing and release from prison : the Custodial Sentences and Weapons Act

Tata, Cyrus and Thomson, Douglas (2011) Sentencing and release from prison : the Custodial Sentences and Weapons Act. SCOLAG Journal, 401. p. 57. ISSN 1749-7671

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Abstract

In their last significant act before the 2007 Scottish Parliamentary elections, the then ruling Labour/Liberal Democrat coalition secured the passing into law of the Custodial Sentences and Weapons (Scotland) Act 2007, known as "CSAW". The Act was passed as a result of public and political concern over what is seen as a lack of honesty in sentencing, in that under current sentencing provisions1 the person sentenced rarely spends the period specified in the sentence in custody. There has therefore been a considerable degree of public concern over cases where persons released on licence for serious offences have committed further offences before the expiry of the total sentence, creating the perception that sentences do not mean what they say.

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