MSPs have thrown out Scottish Government plans to scrap short sentences of six months or less, joining Conservative convener Bill Aitken.
Ministers say that short sentences do not work and want to replace them with tough new community sentences.
However, opposition parties have accused the SNP government of being “soft on crime” and yesterday Holyrood’s justice committee voted down the proposals in the Criminal Justice and Licensing Bill, on the casting vote of Mr Aitken.
Mr Aitken said cases such as crimes of domestic violence with previous convictions or small-time drug dealing should be dealt with by shorter jail sentences.
“All of these cases, to my mind, do deserve appropriate custodial sentences,” he said.
Justice secretary Kenny MacAskill said three-quarters of inmates who serve them re-offend within two years, compared with three out of five on community sentences who don’t re-offend.
“Custodial sentences of six months or less don’t work and they don’t stop offending behaviour,” he said.
“Courts will still be able to use their discretion and there will be no statutory bar.”
Labour MSPs joined Mr Aitken to produce a tied 4-4 vote on the committee, with the SNP and Liberal Democrats voting in favour, before Mr Aitken used his casting vote against the plans.
However, the measure could still be passed when the bill comes before the full parliament later this year.
Mr Aitken said, “SNP and Lib Dem plans to scrap sentences of six months or less are a joke and are incredibly dangerous. I was delighted to use my casting vote to reject them.
Scottish Labour welcomed the decision and claimed that if the plans had not been blocked, thousands of dangerous criminals would avoid serving custodial sentences including 65% of knife criminals, 40% of those convicted of indecent assault, 21% of those convicted of robbery and 71% of housebreakers.
“It’s time for Kenny MacAskill to listen to the decision of the committee and drop his underfunded and dangerous ‘get out of jail free’ plan immediately,” said justice spokesman Richard Baker.’Underfunded'”It is clear that the SNP need to rethink their approach. This is another disaster of Mr MacAskill’s making and if he does not change his mind then Labour will continue to fight these proposals vigorously.”
Scottish Liberal Democrat justice spokesman Robert Brown said, “It is hugely disappointing that the Labour and Conservative Party have voted together to pass this highly populist amendment which will do nothing but distract attention from the real issues surrounding this tremendous problem.
“No one doubts that knife crime has been and continues to be a curse on Scotland, particularly the west of Scotland, and one which has far too often led to tragedy.
“However, custodial sentences do not deter people from carrying a knife.”