Documentation relating to early prisoner release scheme; Solicitors Bar Association correspondence and information on reimbursement of remuneration to a former Sheriff: FOI release

Information requested

1. Could you supply all documentation held by the Scottish Government about the prisoner early release scheme, including correspondence sent to and from the government, including internal, minutes/notes from meetings, briefings and analysis, from the last month (Dec 19 to Jan 19)?

2. Is the Scottish Government seeking to recover the cash given to Sheriff Jack Brown while he has been suspended and if not why?

3. Could you supply all correspondence between Scottish Government and Scottish Solicitors Bar Association between December 1 2024 and the date of this FOI?

Response

In relation to part 2 of your request I enclose the information you have requested. In relation to parts 1 and 3 of your request I enclose a copy of some of the information you requested.

In interpreting part 1 of this request we have assumed by seeking "correspondence sent to and from the government" this relates to external correspondence only and that separately you have sought internal minutes/notes from meetings, briefings and analysis. Therefore internal correspondence has not been provided as part of this release. Exemptions under sections: 29(1)(a), 30(b)(ii), 35(1)(f), 36(1) and 38(1)(b) of FOISA apply to some of the information you have requested under part 1.

29(1)(a) - Formulation/development of government policy

Information relates to the formulation or development of government policy.

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 this 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 about the processes in place for the release of prisoners under the Prisoners (Early Release) (Scotland) Act 2025 and planning for the implementation of this Act. However, this is outweighed by the public interest in ensuring the robust development of options for Scottish Ministers, including specifically those informing funding arrangements with other bodies, which may be undermined if information is made public ahead of a final position being reached.

30(b)(ii) - Substantial inhibition to free and frank exchange of views

Information is exempt if disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.

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 this 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 about the processes in place for the release of prisoners under the Prisoners (Early Release) (Scotland) Act 2025 and planning for the implementation of this Act. However, this is outweighed by the public interest in ensuring that sensitive operational questions can be resolved effectively through free and frank discussion, which would be inhibited substantially if organisations within the justice system were unable to disclose relevant information to the Scottish Government without such information potentially being made public.

35(1)(f) - Substantial prejudice to maintenance of security and good order in prisons

Information is exempt if disclosure would, or would be likely to, prejudice substantially the maintenance of security and good order in prisons.

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 about the processes in place for the release of prisoners under the Prisoners (Early Release) (Scotland) Act 2025 and planning for the implementation of this Act. However, this is outweighed by the public interest in ensuring the safe management of prisons.

36(1) - Confidentiality of communications

The information is "legal privileged". Legal advice privilege covers communications between lawyers and their clients where legal advice is sought or given.

This exception 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 about the processes in place for the release of prisoners under the Prisoners (Early Release) (Scotland) Act 2025 and planning for the implementation of this Act. However, this is outweighed by the public interest in maintaining the right to confidentiality of communications between a legal adviser and their client.

38(1)(b) - Third party personal data

The information contains the personal data of a third party. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested you have requested under part 3.

38(1)(b) - Third party personal data

The information contains the personal data of a third party. This exemption is not subject to the 'publicinterest te st', so we are not required to consider if the public interest in disclosing the informationout weighs the public interest in applying the exemption.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500449152 - Information released - Part 1

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PDF

File size

1.2 MB

FOI 202500449152 - Information released - Part 2

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PDF

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78.1 kB

FOI 202500449152 - Information released - Part 3

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PDF

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106.4 kB