Official Report 1072KB pdf
The next item of business is a statement by Angela Constance on Scotland’s prison population. The cabinet secretary will take questions at the end of her statement, so there should be no interventions or interruptions.
14:58
Since I became justice secretary, I have regularly updated members on the measures that have been taken to establish a sustainable prison population during a time of significant increase in numbers. That includes maximising the capacity of the prison estate, enacting the Prisoners (Early Release) (Scotland) Act 2025 and optimising the use of home detention curfew.
We have also built on our commitment to increasing the availability of community justice interventions—backed by an additional investment of £25 million—to £159 million this year. That reflects the evidence that alternatives to custody can, where appropriate, be more effective in reducing reoffending.
Although those measures have been essential to ease pressure on our prisons, the population has continued to rise. Today’s population is 8,363, and we are on the cusp of having a record number of people in custody. Currently, 10 prisons are at red risk status, and 10 are at or over their assessed capacity tolerance. Prison is necessary, and it remains crucial that prisons house those who pose the greatest risk. The continuing rise in the prison population reflects, in part, the increase in convictions of those who have committed serious sexual offences and other crimes for which custody is the only appropriate response. That clearly demonstrates the important work that is undertaken by our justice bodies in effectively tackling crime and delivering justice. It is also vital that our prisons operate safely and effectively, by both protecting the public and providing the best possible environment to support the rehabilitation of those in custody, which is fundamental if we are to reduce reoffending.
The recent increases in the prison population are having a significant impact on those who live and work in our prisons. There is now a critical risk to the continued safe and effective operation of the estate, due to the pressured environment, and the Scottish Prison Service’s ability to deliver rehabilitative regimes has been severely curtailed. Those views have been echoed by His Majesty’s Chief Inspector of Prisons for Scotland. The Scottish Prison Service has confirmed that increases are compounded by the complexity of the population, with higher numbers of individuals involved in serious organised crime groups and the increasing numbers of individuals convicted of sexual offences.
In Scotland, we have a presumption against short sentences of a year or less, and, although there is a long-term trend away from such sentences, they continue to make up a notable proportion of sentences imposed. We are also seeing a sustained higher remand population, at around 25 per cent of the overall population, with 80 per cent of those on solemn charges. In addition, the Scottish Prison Service has reported an increase of 700 long-term prisoners compared to the figure on the same date in 2020, which equates to a prison the size of HMP Addiewell. That means that significant parts of the population will remain in the care of the Scottish Prison Service for longer, further impacting its ability to cope with any rise in population. These considerable changes in population, as well as the increase in numbers, have led to the Scottish Prison Service, the Prison Governors Association and other interested parties making representations to me about the urgent need to reduce the current population.
Today, I have laid secondary legislation to take necessary action. It is clear that we need to reduce the pressure on our prisons and on the officers, staff and wider professionals who play a vital role working in our Prison Service. I take this opportunity to put on record my gratitude to and appreciation of those staff, who continue, day in and day out, to carry out an outstanding job in very difficult circumstances. I seek the Parliament’s approval to exercise the power under section 3C of the Prisoners and Criminal Proceedings (Scotland) Act 1993 to make regulations to enable the release of some prisoners early, if necessary and proportionate, in response to such an emergency situation. Given the level of pressure on our prisons and the upcoming fortnight-long recess, I ask that an expedited timetable be followed. Let me be clear to the Parliament: this is not an action that I propose lightly, but it is necessary, and I consider that the legal test has been met.
Public safety and protecting victims and their families are paramount. Therefore, in preparing the legislation, I have done my utmost to take account of the possible concerns. Those considered for early release would be limited to those serving sentences of less than four years who, on the date of their release, would be within 180 days of their original legal release date. Such releases under the scheme would also be subject to a veto, which could be applied by the governor in charge, where they considered that a prisoner posed an immediate risk of harm to an identified person or group. In support of this, I have also laid secondary legislation today for a change in prison rules to ensure that such a task can be effectively delegated should that be necessary. In addition, no one who is serving a sentence for sexual offences or domestic abuse would be released. We will also engage victim support organisations, local authorities and other key partners in preparing for any releases.
There is no single solution to achieving a sustainable prison population, just as there is no single reason for the increases. That is why we are continuing to take forward a range of measures, some of which I outlined at the start of my statement. Other steps include increasing prison estate capacity through the new prisons in Inverness and Glasgow, while we are also seeing positive indicators through an increase in the use of bail supervision and the roll-out of electronically monitored bail across the country.
Shortly after the recess, I will bring forward secondary legislation to facilitate the earlier removal of prisoners who are liable for removal from the United Kingdom. Although returns and deportations are reserved to the UK Government, we can, through devolved powers, put the early release scheme to greater use. One measure that I will ask Parliament to approve is to change legislation to align arrangements for the release of foreign national offenders with release legislation in Scotland. That measure will propose changing the number of days before the point of release when a prisoner can be removed from prison for removal from the UK and it will change the minimum period of sentence served before a prisoner can be removed for the same purpose. Although that will not impact on many people, I think that that action should be taken.
In the slightly longer term, an independent sentencing and penal policy commission is considering how imprisonment and community-based interventions are used. The commission will report by the end of 2025, which will help to inform further action as part of the longer-term strategy for establishing a sustainable prison population while ensuring that justice is served.
This Government has demonstrated a clear commitment to reducing crime, prioritising victims and establishing a sustainable prison population. Recorded crime is down 39 per cent since 2006-07, yet we continue to see a rise in the prison population. That requires immediate action to ease pressure on our prisons, and emergency release is the primary option that is available to us. As well as protecting the public, we must ensure the safety and wellbeing of prison staff and those who are in custody, and our prisons must continue to function effectively to accommodate those who pose the greatest risk of harm.
I appreciate that members and the public will have legitimate concerns about my announcements. I have therefore published a briefing paper today to ensure that MSPs, victim support organisations and the wider public have the information that they need. In addition, I will invite justice spokespeople to meet me and the chief executive of the Scottish Prison Service to discuss the current situation, and I am willing to meet other members if they so wish.
In light of the intensely difficult circumstances that I have outlined today, I urge Parliament to recognise the critical situation that is before us and agree to take the necessary emergency action.
The cabinet secretary will now take questions on the issues raised in her statement. I intend to allow around 20 minutes for questions, after which we will move on to the next item of business. I invite members who wish to ask a question to press their request-to-speak buttons.
I say to the cabinet secretary that this Parliament recognises that our prisons are critically overcrowded, and we are well aware that it is this Government’s failures both to get on top of crime rates and to build new capacity on time and on budget that are to blame. Twice before, I have stood right here and flagged that, without any strategic planning, any concrete solutions to the overcrowding or any meaningful work with third sector partners, emergency release is little more than a knee-jerk, panicked response to a situation that is entirely of this Government’s making. I said that it potentially endangers the Scottish public and it would not work. The cabinet secretary did not agree, saying that early release
“will bring about a sustained reduction in the prison population”.
The population is now higher than it was before, and this Government’s projections show that our prisons will be dangerously over capacity, holding more than 8,500 prisoners by 2026.
How many prisoners will get out of jail and be back on Scotland’s streets under the latest scheme? What strategic planning and genuine actions have been put in place since the previous opening of the gates that will mean that we will not be in this situation in early 2026?
Evidence shows that many of those who are released early are not ready for it and rapidly find themselves back in the justice system. What has the cabinet secretary done since the previous early release scheme to ensure that we are not setting people up to fail and putting the public at risk while doing so?
Of course, it is often the Conservatives, with their rhetoric, who seem determined to set people up to fail. Let me assure Mr Kerr and the Parliament that there is a plan of continued action—Mr Kerr can call that a strategic plan if he wishes. I remind him that I have increased investment to increase capacity in community justice services, which is often opposed by the soft-touch rhetoric of the Conservatives. I have made efforts and will continue to make efforts to maximise the prison estate. Conservatives, among other members, voted against the Children (Care and Justice) (Scotland) Act 2024, which removed children from the estate, freeing up more spaces for adults. There are the new builds for HMP Highland and HMP Glasgow, but all that the Conservatives can do is complain about the cost of those.
They are over budget.
There is also the new bail test, which has come into operation this year. Again, the Conservatives opposed the expansion of home detention curfew.
The Conservatives seem to be of the view that doing nothing is an option. Well, doing nothing is not an option right now, nor will it be in the future. It would be a welcome change if we could hear from the Conservatives what they are for, as opposed to what they are against, and whether they will stand with our Prison Service and our communities right now and do what is required to ensure that, when people leave prison, they return to their communities rehabilitated and in a fit state to lead a different life.
Liam Kerr should not confuse my words, because I have never said that early release is a permanent fix. [Interruption.] For the record, I have always said that it provides short-term relief.
Less commentary, please, Mr Kerr.
The Prisoners (Early Release) (Scotland) Act 2025, which is the primary legislation that was passed last year, reduces the population by around 5 per cent from what it would otherwise be. On the numbers, I anticipate that, in the first three tranches, around 470 risk-assessed prisoners will be released, and thereafter, around 100 prisoners will be released each month, at the end of January, February, March and April.
Here we are again with the same failed scheme to release prisoners early that we were asked to agree to in March this year, with the same flaws and the same risks—and there were, indeed, risks. Notwithstanding the professionalism of the staff and management in the Scottish Prison Service, the prison system is in meltdown, remand is still through the roof, there is a lack of progression internally in the prison system and there is now only one open prison. Victims will be deeply disappointed that we are here again. Will we be back here in another six months? That is a legitimate question for Opposition parties to ask.
I have two further questions. First, what discussions has the cabinet secretary had with the UK Government about the release of foreign criminals who may require to be deported on release? That might not be a simple matter, depending on the country that they are returning to.
Secondly, the cabinet secretary has said that there is increased capacity, and there will be, but the new HMP Glasgow will not be built until 2028—it is over budget and overdue. It will have 1,344 prisoners. What will the target operating capacity be? Will it be the same as it is now? If so, I am concerned that the prison population will be extremely large if we use the same modelling as we do in HMP Barlinnie just now, which has a capacity of 900 but a prison population of 1,300.
It is really important that justice spokespeople do not confuse the Prisoners (Early Release) (Scotland) Bill, which was enacted earlier this year, with emergency release, which was implemented last July.
That bill emulated action that was taken by the UK Government to permanently change the automatic release date for some short-term prisoners. It is very similar to what the UK Government has done, except that our scheme applies only to short-term prisoners, whereas the scheme in England also applies to the release of long-term prisoners at the 40 per cent point—as opposed to the 50 per cent point—in their sentence. The 2025 act gives sustained relief in relation to our prison population.
I accept—and I have always said it, every time that I have come here to propose action—that, on its own, early release is never enough. That is why we need to elevate the debate and look carefully at the recommendations of the sentencing and penal policy commission when they are published.
The levers that we have are fairly straightforward. They involve alternatives to remand and to custody, and the balance between the time that convicted prisoners spent in custody and the time that they spend under strict licence control.
Ms McNeill raises an important point in relation to foreign nationals. There is a complexity to that: the return of foreign nationals is entirely reserved, because it is based on international treaties. Where we have some scope is in relation to the devolved competence for the transfer of prisoners in the UK. I and my officials have reached out to the UK Government on that matter.
I am pleased that there is an acknowledgement, tacit or otherwise, that there is further action that we, collectively, as a Parliament and a country, must take in order to have a sustainable prison population. If the number of long-term prisoners is increasing, that requires decisions to be taken about prisoners who could be suitable for alternatives to custody.
Thank you, cabinet secretary.
It is not right for Scotland to have one of the highest prison populations in western Europe. We should not be an outlier.
I have given a bit of latitude to the first two questions from front benchers, but we need to make more progress so that all the members who seek to ask a question get their shot at doing so. We will need succinct questions and succinct answers to match.
I note the cabinet secretary’s comments about the increase in the number of long-term prisoners—she mentioned the figure of 700. Can she advise whether the Scottish Government is aware of any research that indicates an association between the length of sentences that are imposed in Scotland and the increase that we have seen in our prison population?
Scottish Government information and data shows that a growing number, and proportion, of those in the prison population are serving longer sentences. In the decade up to 2022-23, the average length of custodial sentences increased by 31 per cent. In my statement, I said that the increase in the number of long-term prisoners compared with five years ago is 700 people. Given the 39 per cent decrease in recorded violent crime, that shows a change in the seriousness of cases. We have more long-term prisoners, who are each spending longer in prisons, and that requires decisions that are different from those that are taken in relation to some short-term prisoners.
Over the past year, we have seen a more rapid increase in the number of long-term prisoners, which means that we have to take decisions about short-term prisoners in order to ensure that, at the end of the day, our Prison Service is capable of housing those who pose the greatest risk.
For justice to be delivered, people need to serve their sentences and receive meaningful rehabilitation. Neither happens with early release.
The Bail and Release from Custody (Scotland) Act 2023 was intended to support reintegration and release and help to reduce reoffending, yet key provisions such as those in sections 12 and 13 have still not been implemented and the timescales are still being worked out. Given the pressures of prison overcrowding, when will clear implementation plans be set out and what engagement has the Government had with justice agencies to overcome any delays?
For the sake of brevity, I point out that I gave very full answers to Ms Dowey and other colleagues at last week’s meeting of the Criminal Justice Committee, when I gave an update on the plans to implement sections 12 and 13 in part 2 of the Bail and Release from Custody (Scotland) Act 2023 and on the aspects of that act that have been implemented.
The return-to-custody figure for prisoners who have been released under the Prisoners (Early Release) (Scotland) Act 2025 is 5 per cent, and the figure for prisoners who were released under the emergency early release programme that was undertaken last year is 13 per cent.
Is the cabinet secretary considering looking at establishing secure care accommodation for long-term prisoners, either within or outwith the current facilities, to free up spaces in the conventional prison estate?
We have a programme for government commitment to explore models for the provision of alternative care in a secure setting for older prisoners and prisoners who have significant health and care problems. Careful consideration needs to be given to that issue, and I am having discussions with the Scottish Prison Service in that regard.
The member might be interested to know that, in relation to the new prisons in Glasgow and Inverness, very close consideration is being given to the changing demographic of the prison population and the social care needs of prisoners. For example, the new HMP Glasgow has been designed with national health service partners and with an emphasis on meeting health and social care needs. The design is based on the idea of having small communities, which makes it easier to manage different populations and to foster a sense of mutual support and cohesion. That is a model that we need to consider for the future.
How much of the infrastructure to increase home detention, bail supervision, electronic monitoring and, indeed, victim notification will be in place by the time of the proposed releases? Given the high remand population, can the cabinet secretary say whether there is any sign that the new bail test is working? In addition, can she provide data on the reoffending levels further to the most recent set of releases? After the first set of releases, reoffending rates were very high, due to a lack of planning.
The home detention curfew regulations will be implemented this month. That will be closely followed by the pilot on the use of GPS technology, which we are working on.
As the new bail test came into force only in May, it is too soon to say whether it has had an impact. Although there was a small downturn in the remand population over the summer, we are seeing an increase in the sentenced population and, in particular, in the number of prisoners who are serving long-term sentences.
We are putting additional investment into Upside, which for the first time is providing support to both remand and short-term prisoners—men and women—who are leaving custody. The Scottish Prison Service has published return-to-custody rates for the Prisoners (Early Release) (Scotland) Act 2025 and the emergency early release programme, which I referred to earlier. Those figures were 5 per cent and 13 per cent, respectively. The 5 per cent figure for the STP40 programme involved 17 individuals being returned to custody. That speaks to the strength of the release planning that has taken place, as part of which there has been a very sharp focus on the needs of short-term prisoners.
I make another plea for succinct questions and succinct answers.
The United Kingdom Labour Government expects to significantly reduce its high prison population through measures in its Sentencing Bill, which include changes to bail provisions, the suspending of sentences of less than a year and the reducing of the release point for prisoners to 33 per cent of their sentence. Given that around 600 prisoners a year are still given sentences of less than a year, despite the presumption against such sentences, and the change to a release point of 40 per cent of their sentence for some prisoners, has the cabinet secretary considered the introduction of similar measures?
It is beholden on me to consider all pragmatic solutions. I have paid careful attention to the Gauke review and note that the UK Government is also emulating our presumption against short-term sentences. Although that has certainly had an impact in Scotland, the member is correct that, in the past few years, 600 people have been incarcerated on sentences of less than a year.
I have also met David Gauke and, as I said earlier, our sentencing and penal policy commission will report before the end of the year. That is considering how custodial and community sentences are used to ensure that the prison population is sustainable in the longer term.
I thank the cabinet secretary for her statement and for the useful conversations that we have had about the prison population in recent months. Any early release will clearly raise concerns for victims and survivors of crime, and indeed for wider society, especially with respect to reoffending. Has the Scottish Government or the Prison Service carried out any analysis of reoffending for those cohorts of prisoners, given our experience of previous early release programmes, including any lessons learned about what works to reduce reoffending?
I recognise the impact that this announcement will have on victims and victims organisations. I want to emphasise a point that I did not make in my reply to Ms Clark. Those who are registered with the victim notification scheme will be informed automatically if their perpetrator is being released, but people do not have to be registered with the VNS to access information. I can provide members with information and phone numbers. Those who are not registered on the victim notification scheme have two routes. They can either contact the Scottish Prison Service directly or go through a victim support organisation such as Victim Support Scotland.
On the published reports that Ms Chapman is requesting, I advise her that SPS information showed that 61 people who were released as part of the emergency release programme in June and July last year had returned to custody before the date when they would originally have been liberated. That is 13 per cent of those who were released. On the tranche of releases that were undertaken in February and March this year, following the passing of the Prisoners (Early Release) (Scotland) Bill, 17 individuals returned to custody before the date when they would have been originally released. That is around 5 per cent.
Thank you, cabinet secretary. I will need to make progress. I repeat my request for brevity. Other members want to have their shot, and it is looking less likely that that will happen unless we get more succinct questions and answers.
The cabinet secretary will know from our discussion earlier this week that I share the alarm at the fact that we are once again discussing emergency releases, which the public might be forgiven for assuming are now part of the routine way of managing the prison population. I share her concern that the only way of dealing with that in the long term is a sustainable reduction in the disproportionate levels of incarceration, and we cannot build our way out of that problem. However, given that prisons are at red risk status or over their assessed capacity, what update can the cabinet secretary give on the delays to the delivery of HMP Highland and HMP Glasgow?
I agree with Mr McArthur’s sentiment that, if we do not want to have to continue to take short-term decisions for short-term relief, we have to have the courage to follow the evidence, to be serious about building reform into the system and elevate the debate around that.
Progress is being made on HMP Inverness, which is good. It will more than double the capacity in comparison with what is already available in Inverness, and that is on track to be completed by next year. HMP Glasgow, which was impacted by Brexit and construction inflation, is also on course and is making good progress.
I agree with Mr McArthur that we have to modernise and update our infrastructure, but that does not, sadly, avoid the need to take emergency action now.
An increasing prison population brings an increasing cost for the public purse, both for extending the estate and, particularly, in resourcing staffing due to the increase in employer national insurance contributions and meeting rising food and energy costs. Will the cabinet secretary advise what increased costs are expected because of the recent rise in the prison population?
A high prison population is costly because of the need to provide food, clothing and additional care, support and safety measures. The annual average cost per prisoner place in 2024-25 was £52,000 and the Scottish Prison Service estimates that pressure caused by the additional prison population will cost around £3.5 million this year.
The member has made the point about employer national insurance contributions, which I will not reiterate.
I have committed an additional £45 million to fund the Prison Service in this financial year, bringing the total investment to almost £0.5 billion. That is taxpayers’ money. I emphasise that we cannot build our way out of this issue and that we must, as a Parliament and as a country, focus on long-term reform.
In the light of the extra tranche of early release prisoners, my concern is for the organisations that support the victims of crime and for those that support prisoners before and after their release, helping them to integrate back into communities and preventing reoffending. Does the Scottish Government intend to offer extra support to those essential organisations, or will they just have to shoulder the burden of responsibility themselves?
I inform the member of the increased investment in the new throughcare contract. I increased the investment in a project called Upside, which is a partnership of eight third sector organisations that now has capacity to support 2,700 people to return to the community. Prisoners begin that preparation about 12 weeks prior to their release and can continue receiving support for 12 months following release.
I am acutely aware of the member’s point about victim support organisations and I assure him and Parliament that I will continue engaging very closely with Victim Support Scotland and other organisations to ensure that I support them as much as I can.
That concludes questions on the statement. I apologise to the two members whom I was unable to call, but we are almost four minutes over the given time and I must protect the rest of the afternoon’s business.
To allow those on the front benches to change positions, there will be a short pause before we move to the next item of business.
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