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The Scottish government is being urged to take steps to reduce the number of short-term prison sentences in an effort to ease the pressure on the prison system. Last year, Scotland’s prison population reached record levels, prompting ministers to implement a third early-release scheme to help manage the growing demand. In response to these challenges, Justice Secretary Angela Constance established the Scottish Sentencing and Penal Policy Commission to explore strategies for addressing the rising incarceration rates.
The commission’s final report, released recently, recommends extending the current policy that discourages custodial sentences shorter than one year to those under 24 months. Presently, judges in Scotland are advised against issuing custodial sentences of less than a year. The report states, “When passing a sentence of fewer than 24 months, members of the judiciary should provide a written note of all the available alternatives considered and why, bearing in mind the particular facts and circumstances of the case, no other method of dealing with the person was appropriate.” It also calls for systematic collection and analysis of data on these judicial decisions. Despite emergency measures that led to the early release of over 400 prisoners and increased prison capacity, eight jails remain classified as “red-risk,” with 15 facilities operating at or above full capacity.
Further recommendations in the report focus on the use of remand custody. Currently, about 25% of the prison population is made up of remand prisoners who have not yet been convicted. The commission suggests restricting remand imprisonment to those likely to face sentences of over two years upon conviction. Additionally, the report advocates for the publication of a national “decarceration” plan within the next year. This plan would include clear targets aimed at reducing incarceration rates and consider establishing a new inspectorate to review the administrative functioning of courts. The report also urges the government to create policies for transitional housing to support people leaving prison and reduce the risk of them becoming homeless.
Angela Constance expressed gratitude for the commission’s work and emphasized that the recommendations require careful thought and prioritization. She pointed out that Scotland still stands out for its high prison population and underscored the importance of shifting focus towards community justice, which can reduce reoffending and offer better value for public funds. Constance noted, “Bold, collaborative action is needed to reduce reliance on custody and achieve a sustainable prison population. We are committed to taking action.” The Justice Secretary plans to formally respond to the report in the Scottish Parliament soon.
In response to the report, Debbie Adams, interim chief executive of Victim Support Scotland, welcomed the recommendations but cautioned that significant work remains. She stressed the need for clear communication about changes and evidence of reduced reoffending to maintain public confidence. Adams stated, “As always, we strive for a criminal justice system in Scotland that has victims at its heart, and this report can potentially take us a step further towards this goal.” On the other hand, the Scottish Conservatives criticized the report’s proposals, describing them as “crackpot” and claiming they would offer criminals undue leniency. Justice spokesman Liam Kerr condemned the recommendations, calling them a “charter for criminals” that undermines the judiciary and betrays victims. Kerr also criticized the government’s plans to release prisoners after serving just 30% of their sentences and criticized delays in building new prison facilities
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