Nearly 30,000 breaches of community payback orders (CPOs) have been recorded across Scotland between 2012-13 and 2023-24, according to new figures obtained by the Scottish Conservatives through a freedom of information request.
Of the 29,544 breaches recorded, 8,078 resulted in a repeat community sentence, while 7,956 led to the offender being sent to prison.
The Scottish Conservatives criticised what they described as a “soft-touch” approach to justice under the SNP government, pointing to the high number of offenders who were simply handed another community-based sentence rather than facing tougher consequences.
Justice Secretary Angela Constance has recently reiterated the Scottish Government’s intention to shift the focus from custodial sentences to community justice measures, partly in response to mounting pressure on the prison system. Earlier this year, she announced an independent review into sentencing and penal policy in Scotland.
However, critics argue that the current system fails to properly hold offenders to account. Conservative MSP Sharon Dowey described the data as *shocking* and said it demonstrated a lack of deterrence for those who breach community sentences.
She stated that the public expects offenders to fully comply with their court-imposed obligations and warned that allowing repeat breaches to go unpunished sends the wrong message. Dowey accused the Scottish Government of *betraying victims* and claimed it was undermining public confidence in the justice system.
In response, a Scottish Government spokesperson defended the use of CPOs, stating that they are a *flexible and robust* sentencing option and consistently result in lower reconviction rates than short-term prison sentences.
The spokesperson added that an additional £11 million has been allocated for community justice services in the 2025-26 budget to support the ongoing shift away from custody.
They also emphasised that decisions on breaches lie with the independent judiciary, and in certain cases, courts may impose a custodial sentence if deemed appropriate.
The debate over community sentencing continues to spark political division in Scotland, as questions grow over how to balance public safety, rehabilitation, and prison capacity in an evolving justice landscape.
