Yesterday, for the fourth time, the European Court of Human Rights ruled again that the UK is in breach of human rights by having a blanket ban on allowing convicted prisoners serving a custodial sentence the right to vote: it’s nearly ten years now since the UK was first ordered to make some change in this ban, and neither Labour nor Conservatives have cared to do so. (The ECHR has made no order for monetary compensation, which is the only thing likely to move either party.)
In October 2014, there were 7,755 prisoners serving a custodial sentence in Scotland: the imprisonment rate in Scotland is 147 out of 100,000 people (via the Howard League). Since August 2010, there has been a statutory presumption against convicted criminals being sentenced to short periods of imprisonment, unless the court can show reason why this should be so. From the Criminal Justice and Licensing (Scotland) Act 2010
“a court must not pass a sentence of imprisonment for a term of three months or less on a person unless the court considers that no other method of dealing with the person is appropriate.”
If a person goes to jail, it will under most circumstances be because they committed an offence that the court decided mandated a sentence of four months at least. The general rule for any sentence of 12 months or less is that a prisoner will be released automatically on probation after they have served half their sentence.