Correspondence regarding primary proposal in the Prisoners (Early Release) (Scotland) Bill): FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002
Information requested
Correspondence received by Angela Constance relating to the proposal to release shortterm prisoners after they’ve served 40% of their sentence since 10 October 2024.
For the purposes of this FOI we have assumed all external correspondence to the Cabinet Secretary for Justice and Home Affairs within the date range provided (10th October - 18th November) in relation to the proposal to change the release point for short-term prisoners to after 40% of their sentence has been served (the primary proposal in the Prisoners (Early Release) (Scotland) Bill) is within scope.
Response
Most of the information you have requested has been provided. Exemptions under section s.38(1)(b) of FOISA (personal information) apply to some of the information you have requested. This means that the disclosure of the information would be unlawful under the United Kingdom General Data Protection Regulation (GDPR).
An exemption under section s.39(1) of FOISA (endangerment to health or safety) also applies. This means that disclosure of the information would, or would be likely to, endanger the physical or mental health or safety of an individual. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open and transparent government, however, there is a greater public interest in protecting the health and safety of an individual.
The application of these exemptions has resulted in the redaction of some information from this release.
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Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG
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