Achieving a sustainable prison population

Proposed reforms to ease the high prison population, support rehabilitation, reduce reoffending and improve public safety have been published for public consultation.

Justice Secretary Neil Gray told Parliament that despite a range of measures taken to reduce numbers and maximise capacity, the prison population is at a critical level and is projected to rise further.

He said further action is necessary to ensure prisons can function safely and effectively, allowing prison staff and others to focus resources on prevention and rehabilitation, helping to reduce reoffending and keeping communities safe.

The plans, which are subject to an eight-week consultation, set out proposed changes to community justice and supervision of long term prisoners on release, with public safety remaining paramount. The Scottish Government will continue to engage with victims’ organisations throughout the process.

The proposals build on the recommendations of the independent Scottish Sentencing and Penal Policy Commission and include:

• extending the presumption against short sentences from 12 to 24 months
• amending the definition of a short-term prisoner from those serving less than four years to those serving less than five years, more closely aligning with sheriffs’ sentencing powers in solemn cases
• making Community Payback Orders more flexible and effective as a robust alternative to short custodial periods
• strengthening the bail test in courts to ensure that remand is used proportionately and is focused on protecting public safety
• amending release arrangements for some long-term prisoners so they serve a greater portion of their sentence under supervision and licence conditions in the community

As well as the measures outlined in the consultation, work is underway to rapidly develop plans to expand the prison estate, including through consideration of temporary modular accommodation and new houseblocks at existing prison sites.

There will also be continued expansion of the use of Home Detention Curfew and a pilot where GPS-tracking technology is used to monitor individuals on bail curfew as an alternative to being remanded in custody ahead of trial or sentencing, where it is safe to do so.  

The Justice Secretary highlighted evidence that community-based sentences and interventions are more effective at reducing reoffending than short custodial sentences - which can lead to the loss of employment, housing and family access that might otherwise provide stability for those at risk of re-offending.

Mr Gray said:

“Protecting victims and the public is my top priority, and I am clear that prison will always be necessary.

“It is absolutely crucial, however, that our prisons function safely and effectively. If not, rehabilitation breaks down, reoffending rises and more people become victims. With the sustained population pressures we have seen over recent years, that is the reality we are facing, and that is why we must act.

“The planned reforms build on the recommendations of the independent Sentencing and Penal Policy Commission, which recognise that Scotland must rethink its approach to community sentencing and imprisonment. Alongside expansion of the prison estate, they will strike the right balance across custodial sentences, community sentencing and the need to robustly protect victims and the public – ensuring prisons house those who pose the greatest risk and rehabilitate them effectively, with the ultimate goal of reducing crime.

“We will consult on our proposals over the summer and engage with victims’ organisations throughout the consultation process and beyond.

“Clearly the best way to tackle the prison population is by stopping crime happening in the first place, which is why we will continue our preventative work to intervene early to steer people away from crime, with a focus on addiction, health, poverty, homelessness and employability, which are all significant contributing factors to offending and reoffending.”

Background

Achieving a Sustainable Prison Population: Justice Secretary's speech

Penal Reform: working towards a sustainable prison population

Long term prisoners released on non-parole licence are subject to individualised risk assessment to plan for their release, where they are supervised in the community, subject to licence conditions and can be recalled to custody if there are any breaches of those conditions.

The proposed changes in release arrangements for some long term prisoners would not apply to those serving life sentences or Orders of Lifelong Restriction, nor to those previously recalled from parole licence, nor those serving a sentence for certain terrorism offences.

Measures previously announced and in place to help manage Scotland’s prison population and increase capacity include:

• 400 additional spaces created within the existing estate
• two new prisons under construction – HMP Glasgow and HMP Inverness – will add a further 464 places
• £10 million additional funding for community justice in 2026-27, bringing total funding to £169 million
• Home Detention Curfew eligibility expanded from 25% to 15% of sentence served; maximum HDC licence increased from 180 to 210 days
• emergency early release for some short term prisoners began in November 2025, with 614 prisoners released
• incrementally changed the portion of a sentence that certain short-term prisoners are required to serve in custody to 30%, resulting in an estimated sustained reduction of around 550 prisoners.

Victims of crime have a right to get information about the release of a prisoner in Scotland through the Victim Notification Scheme (VNS). The VNS is the agreed process by which victims can indicate they wish to be kept informed of such matters.

A consultation on a review of the National Strategy for Community Justice has also opened today, which sets out the long-term aims and priority actions that strengthen alternatives to custody.

Justice that works: Report of the Scottish Sentencing and Penal Policy Commission