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Prisoners early release, Howard League Scotland & Long Term rule: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

1. Could you supply all documentation held by the Scottish Government, including correspondence seen and received (including internal), briefings, minutes/notes from meetings, analysis, about the construction of HMP Glasgow, from the last month?

2. Could you also supply the latest timeline for finishing it and also a list of all the previous completion dates which were later delayed?

3. Could you supply all documentation held by the Scottish Government, including correspondence seen and received (including internal), briefings, minutes/notes from meetings, analysis, about the early release of prisoners, from the last three months?

4. Could you supply all documentation held by the Scottish Government, including correspondence seen and received (including internal), briefings, minutes/notes from meetings, analysis, about or with Howard League Scotland from the last three months?

5. Could you supply all documentation held by the Scottish Government, including correspondence seen and received (including internal), briefings, minutes/notes from meetings, analysis, about sentencing rules for long-term prisoners as mentioned by Angela Constance, from the last three months?

Constance said she was still committed to considering changes to the rules for long term prisoners https://www.bbc.co.uk/news/articles/c9dy4ng30w9o

As noted in my acknowledgement to you dated 11 June, this request has been split and I am responding in respect of questions 3, 4 and 5.

Response

Question 3: While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The search term ’early release of prisoners’ has resulted in an excess of documents being returned from searches.

Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website

at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

Question 4: I enclose a copy of some of the information you requested at Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section 38(1)(b) (personal information) of FOISA applies to that information. Personal information has been redacted.

Some of the information you have requested is available from Howard League Scotland’s website (https://howardleague.scot/ ). I have applied this exemption to items returned from completed searches such as Howard League Scotland’s routine newsletters which are publicly available through their website. The items returned in our searches are available here:

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Question 5: While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. As with question 3 of your request , the search term has resulted in an excess of documents being returned from searches.

Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

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 202500469373 - Information Released - Annex A

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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