ABSTRACT
Despite having a separate and distinct legal system, and, since 1999 devolution, responsibility for its own criminal justice policy, New Labour's anti-social agenda has been largely adopted in legislation north of the Border. But this comes against a tradition of penalwelfarism which is at odds with the punitive line adopted by the first post-devolution administration, as well as with other developments in the Scottish criminal justice sphere in recent years. However, a new tone has been adopted by the minority Scottish Nationalist government, in power since May 2007, notably in a strategy for dealing with anti-social behaviour (Scottish Government 2009) that demotes enforcement in favour of prevention and support.
