KENNY MacAskill, the Scottish justice secretary, wants a new sentencing council to take into account the prison population when it draws up guidelines for judges and sheriffs.
The proposal was part of a consultation paper on the make-up of a sentencing council issued by the minister yesterday.
It has been attacked by the Conservatives, who fear it may lead to more criminals escaping custodial sentences. Bill Aitken, t
he Tory justice spokesman, said: "Sentencing should fit the crime, not the available prison space."
However, a spokesman for the Justice Department insisted:
"We are not asking the council to take note of the prison population when setting the guidelines.
"We are asking it to assess the impact of the draft guidelines on the prison population, community disposal capacity and wider justice system."
The proposals have raised concerns over their potential to undermine the independence of the judiciary. Mr MacAskill wants the council to have eight members and be chaired by a High Court judge.
Membership would also include a representative of victims, the police, the Law Society and advocates and a sheriff.
It would set guidelines for sentencing, which could be overridden by judges and sheriffs, but only if they gave reasons.
The full article contains 209 words and appears in The Scotsman newspaper.
