SCOTLAND -  Prisons are getting overcrowded because drug addicts are deliberately committing crimes to get access to treatment, a top judge has said.

Lord Phillips, the Lord Chief Justice, said prison over-crowding was proving "absolutely fatal" to efforts to tackle the treatment of inmates.

According to Home Office figures there were 77,640 people in prison this month and the total was expected to top 80,000 this year.

Lord Phillips warned judges should not send people to prison unless absolutely necessary.

He added: "The sensible place to carry out rehabilitation is in the community for those who don't have to be in prison.

"Apart from anything else it is very much cheaper."

Lord Phillips also criticized short sentences, but admitted the public would only accept community sentencing if it involved "significant punishment".