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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 17 March 2026
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Displaying 1437 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

It is really difficult for me to say. Historically, people have gravitated towards registration in relation to long-term prisoners, but there will be many victims who are not registered. We have been engaging in order to get people registered—for example, officials and I have met victim support organisations, and the Prison Service works with victim support organisations. People can still register.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

Yes. As I said in my opening remarks, we have increased prison capacity by 400 since 2024, and that has involved bringing back disused halls and working with HMP Grampian, HMP Polmont and, I think, HMP Edinburgh to maximise current capacity. Obviously, though, there is a limit to the current estate, but we have done that work and have increased the capacity of the existing establishments.

Of course, we have a prison building programme, too, but we need to take other actions to increase confidence in, and the capacity of alternatives to, custodial sentences and to answer some of the questions and points that have been put to us as a Parliament and as a country by the sentencing and penal policy commission.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

Yes, it was 61. The return to custody rate for the STP40 programme was 5 per cent, which equated to 12 or 13 individuals.

I appreciate that the return to custody rate is not the same as the reconviction rate. The figure that Mr Kerr referred to is, if I recall correctly, the reconviction rate for very short-term sentences of less than four years—I think that you quoted 40 per cent, Mr Kerr.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

Yes. HMP Highland is on track for the building work to be completed later this year, and the construction of HMP Glasgow is continuing as planned.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

Yes, that is correct.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

The situation is patchy. In some areas of the country, we see regular and consistent use of community disposals and an increase in electronic monitoring. All that is absolutely welcome.

The independent Scottish Sentencing Council undertook some research to help us understand what is happening with regard to the use of very short-term sentences. That will be helpful.

From my perspective—this is perhaps less than scientific—I consider it vital that we continue to bolster confidence in alternatives to custody and in community payback orders, because the evidence shows that community payback orders lead to better outcomes in terms of reoffending. They are focused on individual needs and risks and on upskilling people.

I have found the figures that Mr Hepburn referred to. In 2014-15, 4,103 people received short-term sentences of up to three months; in 2023-24, that figure was 2,658.

We have to concede that, sometimes, prison is an expensive way of making things worse. That would be my fundamental point, and we need to have a hard conversation with ourselves as a country about that. The figure that I gave for 2023-24 is still a relatively high number, and there is a higher figure for sentences of three to six months. Although I will absolutely never overstep the mark in terms of the independence of the judiciary, I contend that we can invest money to get better outcomes, because, as I said, prison is an expensive way of making things worse.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

Absolutely.

10:45

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

Absolutely. Planning for release is crucial. That is why we brought in the Bail and Release from Custody (Scotland) Act 2023, on sections 12 and 13 of which I am sure that I have updated the committee. Much of the work that has been done to support the early release of some short-term prisoners is a precursor to the work that is required for sections 12 and 13 of the 2023 act.

We have started from the position that the vast majority of short-term prisoners are not subject to statutory supervision on release unless the court has decided otherwise. Therefore, they have always been entitled to voluntary aftercare. Traditionally, voluntary aftercare fell within the remit of community justice social work. That provision was utilised, and, over the past few years, it has been expanded on through the use of the third sector, which brings considerable advantages. The provision of professional social work throughcare has advantages, but there are also advantages in more bespoke third sector throughcare support. That is why we have the new throughcare contract that Upside is delivering. That has increased the eligibility for throughcare, because it accommodates—for the first time—men who are released from remand.

I will ask Linda Pollock to talk about the planning that starts with SPS engaging with community partners, because that is crucially important.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

That is because we cannot give people information if we do not know that they want it.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Angela Constance

That question raises a number of issues, as well as showing, I think, some misunderstanding of the matter and a conflation of certain issues.

First, diversion from prosecution is a matter not for ministers, but for prosecutors, so I will leave that there.