The Government has failed to win the support of a Holyrood committee for plans to scrap short prison sentences.
On Thursday, the Government's proposals to impose a presumption against prison sentences of six months or less were rejected by MSPs.
Justice Secretary Kenny MacAskill wants to end the "hopeless cycle" of short prison sentences, but members of the Justice Committee are questioning whether the measure in the Criminal Justice and Licensing Bill will make any difference to offending.
The Bill states that judges should not impose a custodial sentence of six months or less unless they believe there is no other option, and that they set out reasons for doing so.
This was rejected on the casting vote of committee convener Bill Aitken, after the Tories and Labour voted against it. The Nationalists and Lib Dem members, however, supported it.
Launched earlier this year, the Criminal Justice and Licensing Bill also aims to crackdown on gangsters who direct organised crime and give prosecutors new powers to appeal in cases which break down.
The Justice Committee did however back the general principles of the Bill, meaning it can now proceed through Parliament.
Mr MacAskill welcomed the committee's general support. He said: "Sentences of six months or less are not working. They do nothing to stop offending behaviour, and the report itself acknowledges that short sentences have limited effect as a deterrent,
"It is clear that more and more people are agreeing with the Scottish Government's position and we will continue to work to build on that growing consensus as the Bill progresses through the parliamentary process."
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