SENTENCING AND CRIMINAL PENALTIES IN SCOTLAND
Imprisonment
Imprisonment is a substantial penalty which should only
be made available to the courts for a particular offence
when it is merited by the seriousness of the offence. The
availability of imprisonment is precedented for an enormous
range of criminal behaviour e.g. where there is a clear
threat to public health or safety or public order; personal
violence; substantial loss or damage to property. Some
areas where imprisonment should not be sanctioned include
regulatory offences such as failing to complete a census
form and byelaw offences. Imprisonment should generally be
resisted for offences of strict liability - whilst it may
be acceptable for a person to have committed an offence
without any intention or fault, it would normally be
excessive for that person also to be liable to
imprisonment.