FOR Billy Smith, who spent two weeks in Saughton prison on remand, Dr Andrew McLellan's criticism of the system was long overdue. The prison system did nothing to help him, nor did it deter him from reoffending.

When his mother and both his brothers died of cancer within eight months, he turned to drugs and alcohol. He asked for help and counselling, but was given a packet of anti-depressants.

When later released in an alcoholic haze, he assaulted his partner and spent two weeks on remand awaiting his court date. When he was released on bail, he was referred to Sacro - a body that works to reduce offending - on its alcohol education programme. It worked.

''Prison is the pits, they only show you the good bits on telly,'' he said. ''Half the men should not be there. They need help, not prison. In this day and age, it's ridiculous that someone has to go to prison before they can get help if they've got a drink problem.''

Scotland has one of the highest rates of imprisonment in Europe, beaten only by Portugal, despite promises from successive ministers that they would reduce the prison population.

Few would argue that violent prisoners should be released to ease the strain, but Dr McLellan's report says that there are far too many people in prison who should not be there at all and whose behaviour could be addressed more effectively in the community.

Traditionally, prisons were seen as places where the guilty should be punished and rehabilitation was a sideline. In more recent times, the focus has changed.

Prison governors now focus far more on the rehabilitative opportunities of prison life, using re-education programmes, drug rehabilitation and even yoga.

However, they admit there is almost nothing they can do to reform people on short-term sentences, and programmes for those on long-term sentences are thwarted by overcrowding.

Recidivism levels show that giving someone a short-term sentence will not dissuade them from repeat offending. In fact, those in prison for between three and six months are most likely to reoffend, with 55% returned to custody within two years.

In 2001, 83% of prisoners in Scotland were serving sentences of six months or less. The average cost per prisoner to the taxpayer per prisoner was (pounds) 28,114. Critics argue that this money would be better spent on community rehabilitation.

Cathy Jamieson, the justice minister, has promised to reduce the prison population and try to tackle reoffending rates. In some respects, her hands are tied. She cannot tell judges how to sentence offenders. However, the minister could change the legislation, increase alternatives to custody and increase resources.

One of the biggest groups thought to be clogging up the system is fine defaulters, many of whom will only serve two or three days. Last year, more than 7000 people, including 573 women, ended up in custody for failing to pay fines.