National survey reveals public attitudes to sentencing in Scotland

The Scottish Sentencing Council has published a new report on public understanding and perceptions of sentencing in Scotland following a wide-ranging national survey.

The survey, conducted by Ipsos Scotland on behalf of the Council, asked residents in Scotland about their views on different aspects of sentencing, including community sentencing; sentencing of domestic abuse; media coverage of sentencing; and the sentencing of people with mental health conditions and developmental or intellectual differences.

Following on from similar research published by the Council in 2019, the findings showed that a majority of respondents (60%) thought sentencing in general was either ‘much too lenient’ or ‘a little too lenient’ – an increase from 56% in 2019. However, attitudes tended to be much more nuanced when respondents were presented with anonymised or hypothetical cases.

The research also found that self-assessed knowledge of sentencing was low, with 62% of those surveyed reporting limited or no knowledge of sentencing, compared to 38% who said they knew a moderate amount or a lot.

Most respondents overestimated the use of custodial sentences in Scotland, with the average estimate being that 30 out of 100 adults convicted receive a custodial sentence, compared to the actual figure of 13 out of 100.

However, despite low self-reported knowledge, many respondents were able to demonstrate awareness of other aspects of sentencing, such as the conditions which can be attached to community sentences.

The Council plans to conduct further research to better understand whether or not self-assessed knowledge fully reflects the public’s understanding and awareness of sentencing.

Lead researcher Rachel Ormston, of Ipsos Scotland, said: “The findings from this survey highlight the nuances in public understanding and attitudes to sentencing.

“While many people in Scotland think sentences are too lenient in general – a picture that is echoed in research in other jurisdictions - when presented with more specific sentencing scenarios people express more varied views on the appropriate sentence.”

Other findings from the survey, which examined the views of a representative sample of around 1000 people, include:

•    more people felt community sentences were likely to be effective in rehabilitating offenders than said the same of prison sentences;

•    a majority felt that a community or other non-custodial sentence was most appropriate for offences involving either a single violent assault or a pattern of coercive control in domestic abuse cases;

•    most were supportive of offenders convicted of one of these domestic abuse offences attending an intensive course to address their offending behaviour as an alternative to prison;

•    younger people (under 35) who took part in the survey felt that they were less well informed about sentencing in general and were more likely than older respondents to conclude that a sentence was more lenient if media headlines stated an offender ‘walked free’ or ‘avoided jail’;

•    most people thought that rehabilitation should be the priority when sentencing someone with a moderate learning disability, schizophrenia, or a personality disorder convicted of a non-violent offence of vandalism and damage to property.

Lord Beckett, Lord Justice Clerk and Chair of the Council said: “The findings of this wide-ranging, independent survey provide valuable insight into the public’s views and understanding of sentencing in Scotland.

“Despite our best efforts, people’s self-reported confidence in their own knowledge about sentencing is low. There are a number of factors which will play a role in this perception, but perhaps one of them relates to an increase in publicity on different aspects of sentencing and release provisions which can be complex.

“As an evidence-led body, the Council wishes to understand what lies beneath the survey results and will be undertaking qualitative research to that end and to help guide our further public education endeavours as, no doubt, more can be done.

“I would like to thank Ipsos Scotland and all those who took part in the survey. This is a significant piece of work and the Council will take time to consider its findings carefully.”

The full report can be found on the Scottish Sentencing Council website.