Resettlement of English Prisoners in Scotland on Standard Licence Conditions: FOI release

Information requested

You asked for information regarding issues relating to the potential transfer of supervision following an individual’s release from prison in England, transferring into Scotland. You note that the individual was sentenced to 8 years in England; is not subject to MAPPA or any public protection notifications; and is due to be released under standard licence only, with no victim involvement

The specific requests you made are listed below, alongside the SG responses.

Response

I enclose a copy of some of the information you requested.

1. Pre-Release Procedure

• What are the specific steps, authorisations, or assessments required before release to facilitate a lawful move to Scotland?
• Who has final authority to approve or deny such relocation?
• Which PSIs, PSOs, or Policy Frameworks govern this process? Please provide citations and text excerpts where possible.

Response: The Scottish Government does not hold the information you have requested. The UK Government is responsible for policy and legislation related to prisoner release in England.

I note you have included them in this request and I hope they are able to help you further in this matter. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested.

2. Agency Coordination

• How are cases transferred or coordinated between HMPPS in England and Scottish Criminal Justice Social Work Services?” 

Response: Responsibility for these cases would be between the Justice Social Work service in the relevant Local Authority in Scotland that the individual is being transferred to and HMPPS.

• What legal instruments or formal procedures govern this handover?

Response: Crime (Sentences) Act 1997 – schedule 1, paragraph 4 in relation to supervision.

• Under what statutory basis is supervision continued after cross-border relocation?

Response: Social Work (Scotland) Act 1968 – section 27(1)(b)(ii).

3. Supervision on Arrival in Scotland

• What is standard practice upon arrival under standard licence conditions?
• What is the expected frequency of reporting, and who manages it?
• What type of support services (housing, health, reintegration) are provided?  Are new risk or suitability assessments carried out by Scottish authorities?

Response: All of the matters you refer to are the responsibility of Local Authorities in Scotland being asked to receive the individual following a relocation, and actions would be tailored to the circumstances in the individual case. If you wish to contact a specific authority, a full list of all the Scottish Local Authority websites can be found via this link Councils | COSLA.

Response: Crime (Sentences) Act 1997 - Paragraph 8(4) of the Schedule

Crime (Sentences) Act 1997 - Paragraph 7

• How is this dual arrangement managed and recorded?
• How does this affect compliance, enforcement, or reporting obligations?
• What instructions or frameworks govern this arrangement?

Response: The Scottish Government does not hold the information you have requested. You may wish to contact UK Government, HMPPS and/or the Scottish Local Authority the individual is wishing to be released to, to obtain the information related to the last three points. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

5. Supporting Documents

Please provide or identify any PSIs, PSOs, HMPPS Policy Frameworks or inter-agency protocols that address:

• Cross-border relocation and supervision;
• Inter-jurisdictional licence management;
• Resettlement from England to Scotland on standard licence conditions Prison release processes relevant to this scenario.

Response: The Scottish Government does not hold the information you have requested. The UK Government is responsible for policy and legislation related to prisoner release in England. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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.