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Scottish Sentencing and Penal Policy Commission report: Justice That Works

The final report and recommendations of the independent Commission on Sentencing and Penal Policy 'Justice that Works'.


Endnotes

1 Median.

2 Scottish Government. Safer Communities and Justice Statistics Monthly Data Report: November 2025. 2025.

3 deVuono-powell, S., Schweidler, C., Walters, A. & Zohrabi, A. Who Pays? The True Cost of Incarceration on Families. Oakland, CA: Ella Baker Center, Forward Together, Research Action Design, 2015.

4 Marmot, M., Goldblatt, P., Allen, J., et al. Fair Society, Healthy Lives (The Marmot Review). 2010.

5 The Edinburgh Study of Youth Transitions and Crime (ESYTC) researches the underlying causes of criminal and risky behaviours in young people. It is a comprehensive, longitudinal study with a cohort of about 4300 young people who began secondary school in 1998.

6 McAra, L., & McVie, S. Causes and Impact of Offending and Criminal Justice Pathways: Follow-up of the Edinburgh Study Cohort at Age 35. Edinburgh: University of Edinburgh, 2022.

7 Scottish Government. Population In-Flows – Scottish Prison Population Statistics 2022-23. 2023.

8 Catalano, A., Congreve, E., Jack, D., et al. 2025 Inequality Landscape Health and Socioeconomic Inequality in Scotland. 2025.

9 Fraser, A., Hamilton-Smith, N., Clark, A. et al. Community experiences of serious organised crime in Scotland, Scottish Government. 2018.

10 Fraser, A., Hamilton-Smith, N., Clark, A. et al. Community experiences of serious organised crime in Scotland, Scottish Government. 2018.

11 Children and Young People’s Centre for Justice (CYCJ). CYCJ. University of Strathclyde, 2021.

12 Gibson, R., Vaswani, N., & Dyer, F. “Supporting Practice in Scotland: Lessons from the Children and Young People’s Centre for Justice” in Price, J., and Creaney, S. (eds.) Knowledge and Skills Partnerships in Youth Justice, Routledge. 2024.

13 Scottish Prison Service (SPS). Scottish Prison Survey 2024. 2025.

14 Gilling McIntosh, L., Rees, C., Kelly, C. et al. Understanding the mental health needs of Scotland’s prison population, Scottish Government. 2022.

15 Bramley, G., Fitzpatrick, S., Wood, J. et al. Hard Edges Scotland: New conversations about severe and multiple disadvantage. Project Report. Lankelly Chase Foundation, 2019.

16 The Scottish Children’s Services Coalition (SCSC). Latest figures highlight 164 children waiting more than a year for mental health treatment. 2025.

17 HM Inspectorate of Constabulary in Scotland (HMICS). HMICS Review of Policing Mental Health in Scotland. 2023.

18 National Institute for Health and Care Excellence (NICE). Mental health of adults in contact with the criminal justice system. 2017.

19 Commission on Women Offenders (the Angiolini report) (2012).

20 Deuchar, R. & Densley, J. “Exploring the Intersection of Drug Addiction and Mental Ill-Health in Scottish Prisons: A Qualitative Study of Incarcerated Men.” Journal of Drug Issues. 2023, 54(3), pp. 326-345.

21 Brown, A. & Ogden, B. Info Sheet 100: FASD and Young People in Conflict with the Law. Children and Young People’s Centre for Justice (CYCJ), 2021.

22 Scottish Prison Service (SPS). Scottish Prison Survey 2024. 2025.

23 Scottish Government. Scottish Crime and Justice Survey 2021/22: Main Findings. 2023.

24 Department for Transport. Reported road casualties in Great Britain involving illegal alcohol levels: 2022. 2024.

25 National Records of Scotland. Drug-related deaths in Scotland, 2024. 2025.

26 Audit Scotland. Drug and alcohol services: an update. 2022.

27 McAra, L., & McVie, S. Causes and Impact of Offending and Criminal Justice Pathways: Follow-up of the Edinburgh Study Cohort at Age 35. Edinburgh: University of Edinburgh, 2022.

28 College of Policing. Imprisonment and other custodial sanctions. 2023.

29 Scottish Government. Christie Commission on the future delivery of public services. 2011.

30 Scottish Government. Scotland’s Public Service Reform Strategy: Delivering for Scotland. 2025.

31 Crowley, D., Max, J., Damon, E. et al. “Resource consumption of a diffusion model for prevention programs: The PROSPER delivery system.” Journal of Adolescent Health, 2012, 50, pp.256-263.

32 Scottish Government. Scotland’s Public Service Reform Strategy: Delivering for Scotland. 2025.

33 Crown Office and Procurator Fiscal Service. Lord Advocate’s guidelines on the use of the police direct measures for adult offenders. 2024.

34 Dyer, F. & Carter, K. Supporting young people involved in offending up to 21 years old: Extending the Whole Systems Approach, Children and Young People’s Centre for Justice (CYCJ). 2017.

35 Dyer, F. & Carter, K. Supporting young people involved in offending up to 21 years old: Extending the Whole Systems Approach, Children and Young People’s Centre for Justice (CYCJ). 2017.

36 Murray, K, McGuinness, P, Burman, M & McVie, S. Evaluation of the Whole System Approach to Young People who Offend in Scotland. Scottish Government, 2015.

37 Scottish Sentencing Council. Sentencing young people – sentencing guideline. 2022.

38 O’Rourke, S., Whalley, H., Janes, S., et al. The Development of Cognitive and Emotional Maturity in Adolescents and Its Relevance in Judicial Contexts. University of Edinburgh and Scottish Sentencing Council, 2020.

39 Dyer, F., & Carter, K. Supporting Young People Involved in Offending Up to 21 Years Old: Extending the Whole System Approach. Children and Young People’s Centre for Justice (CYCJ), 2017.

40 Gillon, F. Grappling with the complexity of Early and Effective Intervention (EEI): Benevolent Intentions, Negative Consequences in Youth Justice Implications in Scotland. Scottish Centre for Crime and Justice Research (SCCJR), University of Strathclyde. 2021.

41 Benbow, N. Preventing Youth Crime in Scotland: The Practices of Early Intervention and Diversion Under ‘Whole System Approach’ Implementation, University of Stirling. 2019.

42 Dünkel, F., and Heinz, W. “Germany”, in Decker, S., and Marteache, N. (eds) International Handbook of Juvenile Justice (2nd edition), Springer. 2017.

43 Bruckmüller, K. “Austria” in Decker, S., and Marteache, N. (eds) International Handbook of Juvenile Justice (2nd edition), Springer. 2017.

44 Pruin, I., & Dünkel, F. Better in Europe? European Responses to Young Adult Offending. Transition to Adulthood (T2A) and Universität Griefswald. 2015.

45 Schmidt, E. P., Rap, S. E., & Liefaard, T. “Young Adults in the Justice System: The Interplay between Scientific Insights, Legal Reform and Implementation in Practice in The Netherlands.” Youth Justice. 2021, 21(2), pp. 172-191.

46 Scottish Government. Scotland’s Public Service Reform Strategy – Delivering for Scotland. 2025.

47 Scottish Government. Justice for children and young people: vision and priorities 2024-26. 2024.

48 McAra, L., & McVie, S. Causes and Impact of Offending and Criminal Justice Pathways: Follow-up of the Edinburgh Study Cohort at Age 35. Edinburgh: University of Edinburgh, 2022.

49 Neyroud, P. Out of Court Disposals managed by the Police: a review of the evidence. 2018.

50 Scottish Government. Guide to the Antisocial Behaviour etc. (Scotland) Act 2004. 2004.

51 Scottish Government. Recorded Crime in Scotland, 2023-24. 2024.

52 This total will not include people proceeded against where Threatening and abusive behaviour was auxiliary to the main charge nor cases that, although recorded by police in 2023-24, did not conclude in court until 2024-25 or later. It will also include some offences that were recorded by police in 2022-23 or an earlier year. More generally, because Recorded Crime in Scotland and Criminal Proceedings in Scotland statistics record different things (crimes versus people), in different ways (all crimes versus main charge only) and at different times (year recorded by police versus year disposed in court) these data should not be considered directly comparable. Further details on how these statistics are compiled can be found in their respective publications.

53 A crime may also be considered cleared up if the police warn the accused due to the minor nature of the offence or reporting is inappropriate due to the age of the accused, death of the accused or other circumstances.

54 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

55 Murray, K., McVie, S., Matthews, B. & Gorton, V. “From Parking Tickets to the Pandemic: Fixed Penalty Notices, Inequity and the Regulation of Everyday Behaviours.” The British Journal of Criminology. 2024, 64(6), pp 1310-1327.

56 Independent Working Group. Independent Working Group on Antisocial Behaviour: review report. Scottish Government, 2025.

57 Criminal Justice Committee. Antisocial Behaviour Independent Working Group Scottish Government Response. 2025.

58 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

59 Scottish Government. Journey Times through the Scottish Justice System 2023-24. 2025.

60 Gibson, R. Effective Practice in Diversion. Children and Young People’s Centre for Justice (CYCJ), 2022.

61 McAra, L., & McVie, S. “The Case for Diversion and Minimum Necessary Intervention”’ (chapter 8) in Goldson, B., and Muncie, J., (eds.) Youth Crime and Justice (2nd ed.), SAGE. 2015.

62 Scottish Drugs Deaths Taskforce. Changing Lives: Our Final Report. Edinburgh, 2022.

63 Scottish Mental Health Law Review. Final Report: Executive Summary and Recommendations. 2022.

64 HM Inspectorate of Prosecution in Scotland. Joint review of diversion from prosecution. 2023.

65 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 1. 2025.

66 These obligations include the UN Declaration on the Elimination of Violence Against Women (see: The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO). (Baseline) Evaluation Report on legislative and other measures giving effect to provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention). United Kingdom, 2025.

67 Crown Office and Procurator Fiscal Service. Statement: Lord Advocate calls for societal change to tackle domestic abuse. 2025.

68 Hester, M. & Lilley, S.J. Domestic and Sexual Violence Perpetrator Programmes: Article 16 of the Istanbul Convention (2016). Council of Europe, 2014.

69 Scottish Government. Violence against women and girls (VAWG). 2023.

70 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 1. 2025.

71 HM Inspectorate of Prosecution. Joint review of diversion from prosecution. 2023.

72 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

73 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

74 Scottish Government. Safer Communities and Justice Statistics Monthly Data Report: December 2025. 2025.

75 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025.

76 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025.

77 Scottish Government. Occasional Paper: Long-term drivers of and changes in the prison population. 2025.

78 World Prison Brief. Highest to Lowest – Pre-trial detainees/remand prisoners. 2025.

79 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025.

80 Scottish Government. Occasional Paper: Long-term drivers of and changes in the prison population. 2025.

81 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025.

82 Scottish Prison Service. SPS Annual Report 2024-25. 2025.

83 The Scottish Prisons Commission. Scotland’s Choice Report of The Scottish Prisons Commission. 2008.

84 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025.

85 Scottish Government. Reconviction rates in Scotland 2021-22 Offender Cohort. 2025.

86 The Scottish Prisons Commission. Scotland’s Choice Report of The Scottish Prisons Commission. 2008.

87 Bail and Release from Custody (Scotland) Act 2023.

88 Criminal Procedure (Scotland) Act 1995: Section 23B(1).

89 Criminal Procedure (Scotland) Act 1995: Section 23B(1A)

90 The Scottish Parliament. Meeting of the Parliament. Meeting date: Thursday, October 10, 2024. 2024.

91 Crown Office and Procurator Fiscal Service. Briefing to accompany the Lord Advocate’s statement: Prosecution Guidance on Public Safety and Prison Population. 2024.

92 Crown Office and Procurator Fiscal Service. Briefing to accompany the Lord Advocate’s statement: Prosecution Guidance on Public Safety and Prison Population. 2024.

93 Bail and Release from Custody (Scotland) Act 2023: Section 2.

94 Scottish Parliament. Bail and Release from Custody (Scotland) Bill. 2022.

95 Using dep. from REMAND (inc. transitions) in year (Count) by Journey Type-2 within Financial Year (All) from Scottish Government: SG statistician provided extract from “the shiny app” to show that “of custodial journeys which left remand in 2024-25, 4,768 (52%) were departures from custody and 4,456 (48%) were transitions to the sentenced population”.

96 Criminal Procedure (Scotland) Act 1995: Section 23C.

97 Scottish Government. Decision-making on Bail and Remand in Scotland: final report – December 2023. 2023.

98 Sentencing and Penal Policy, Call for Evidence: Parkhead Citizens Advice Bureau. 2025.

99 Tweed, E.J., Gounari, X. & Graham, L. “Mental wellbeing among people in prison in Scotland.” Journal of Public Health. 2021, 43(2), pp.188-195.

100 Armstrong, S., Allan, L., Cobain, R. et al. Nothing to see here? Deaths in custody and their investigation in Scotland – 2024. 2025.

101 HM Prison & Probation Service. Safety in Custody Statistics, England and Wales: Deaths in Prison Custody to December 2022 Assaults and Self-harm to September 2022. 2023.

102 Armstrong, S., Allan, L., Cobain, R. et al. Nothing to see here? Deaths in custody and their investigation in Scotland – 2024. 2025.

103 Mental Welfare Commission for Scotland. Mental health support in Scotland’s prisons 2021: under-served and under-resourced. 2022.

104 HM Inspectorate of Prisons for Scotland. Report on HMP Edinburgh. 2005.

105 HM Inspectorate of prisons for Scotland. Remand Prisoners’ Experiences in the Scottish Prison System: An HMIPS Analytical Review. 2025.

106 Scottish Prison Service (SPS). Annual Report 2024-25. 2025.

107 Sentencing and Penal Policy, Lived Experience Engagement: SPPC.

108 Prisons and Young Offenders Institutions (Scotland) Rules 2011: rule 82.

109 Prisons and Young Offenders Institutions (Scotland) Rules 2011: rule 85.

110 HM Inspectorate of Prisons for Scotland. Remand Prisoners’ Experiences in the Scottish Prison System: An HMIPS Analytical Review. 2025.

111 Nugent, B. & Families Outside. Paying the price: The cost to families of imprisonment and release, Families Outside. 2022.

112 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 1. 2025.

113 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 1. 2025.

114 Community Justice Scotland presentation prepared for a remand workshop, shared with the Commission by email July 2025 response to Call for Evidence reports that 7 out of 32 local authorities in Scotland achieved over 50% conversion from bail assessment to case commencement in 2023-24.

115 Scottish Government. Decision-Making on Bail and Remand in Scotland: final report – December 2023. Scottish Government Social Research, 2023.

116 Scottish Government. Decision-making on Bail and Remand in Scotland: Final Report December 2023. 2023.

117 Scottish Government. Community Justice Performance Framework. 2023.

118 Sentencing and Penal Policy, Lived Experience Engagement: Includem. 2025.

119 Sentencing and Penal Policy, Call for Evidence: Sacro. 2025.

120 Sentencing and Penal Policy, Call for Evidence: Community Justice Scotland. 2025.

121 Sentencing and Penal Policy, Call for Evidence: Community Justice Scotland. 2025.

122 Sentencing and Penal Policy, Call for Evidence: Community Justice Scotland. 2025.

123 Sentencing and Penal Policy, Call for Evidence: Community Justice Scotland. 2025.

124 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025.

125 Scottish Government. Decision-making on Bail and Remand in Scotland: Final Report December 2023. 2023.

126 Scottish Government. Decision-making on Bail and Remand in Scotland: Final Report December 2023. 2023.

127 Bail and Release from Custody (Scotland) Act 2023: Part 2.

128 Housing (Scotland) Act 1987.

129 Scottish Prison Service (SPS). Housing – SHORE (Sustainable Housing fOn Rrelease for Everyone). 2024.

130 Scottish Government. Housing and Reoffending: Supporting people who serve short-term sentences to secure and sustain stable accommodation on liberation: 4. Gaps, Barriers and Suggestions. Scottish Government Social Research, 2016.

131 Scottish Federation of Housing Associations (SFHA). Scottish Prison Service reflects on vital partnership work with housing associations. 2025.

132 Audit Scotland. Criminal courts backlog. 2023.

133 The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Saving Provisions) Regulations 2025 saved the extensions contained in the Coronavirus (Recovery and Reform) (Scotland) Act 2022 ‘in respect of any criminal proceedings in which the accused first appeared on petition prior to the end of 30 November 2025’.

134 Criminal Procedure (Scotland) Act 1995, 65(5).

135 Scottish Courts and Tribunals Service. Criminal Court Modelling. 2025, pp. 5.

136 Scottish Courts and Tribunal Service. SCTS Statistics: Courts and Tribunals Data Scotland – Criminal.

137 Scottish Sentencing Council. Principles and purposes of sentencing. 2018.

138 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025

139 Ministry of Justice. Reducing Reoffending – A Synthesis of Evidence on Effectiveness of Interventions. 2025.

140 Scottish Government. Reconviction Rates in Scotland: 2021-22 Offender Cohort. 2025.

141 Scottish Government. Reconviction Rates in Scotland: 2021-22 Offender Cohort. 2025.

142 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. 2025.

143 Scottish Government. Reconviction Rates in Scotland: 2021-22 Offender Cohort. 2025.

144 The Scottish Prisons Commission. Scotland’s Choice Report of The Scottish Prisons Commission. 2008.

145 The Presumption Against Short Periods of Imprisonment (Scotland) Order 2019.

146 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

147 Scottish Government. Evaluation of Community Payback Orders, Criminal Justice Social Work Reports and the Presumption Against Short Sentences. 2015.

148 Scottish Government. Short custodial disposals from court and the prison population. 2025.

149 Andersen, S., Hinchliffe, S., Homes, A. et al. Evaluation of Community Payback Orders, Criminal Justice Social Work Reports and the Presumption Against Short Sentences. Scottish Government Social Research, 2015.

150 Scottish Human Rights Commission (SHRC). Access to justice for potential human rights breaches. 2025.

151 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

152 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

153 Humphreys v PF Aberdeen [2022] SAC (Crim) 5, 2022 WL 01422084.

154 Criminal Procedure (Scotland) Act 1995.

155 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

156 Lord Woolf, Lord Phillips of Worth Matravers, Lord Thomas of Cwmgiedd, Lord Burnett of Maldon, and Sir Brian Leveson. Sentence inflation: A judicial critique, Howard League for Penal Reform (England and Wales). 2024.

157 Pina Sánchez, J., Roberts, J., & Bild, J. Measuring Sentence Inflation in England and Wales. Sentencing Academy, 2025.

158 Independent Sentencing Review. Final report and proposals for reform. 2025.

159 Lord Woolf, Lord Phillips of Worth Matravers, Lord Thomas of Cwmgiedd, Lord Burnett of Maldon, and Sir Brian Leveson. Sentence inflation: A judicial critique, Howard League for Penal Reform (England and Wales). 2024.

160 McNeill, F. Pervasive Punishment: Making Sense of Mass Supervision. Emerald Publishing, 2019.

161 Scottish Government. Occasional paper: Long-term drivers and changes in the prison population. 2025.

162 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

163 Van Zyl Smit, D., & Morrison, K. “The Paradox of Scottish Life Imprisonment.” European Journal of Crime, Criminal Law and Criminal Justice. 2020, 28(1), pp. 76-101.

164 Ostrom, B., & Ostrom, C. “A New Look at Sentence Severity” (Chapter 13) in Tata, C., and Hutton, N. (eds.) Sentencing and Society: International Perspectives, Taylor and Francis. 2002.

165 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

166 Scottish Government. Criminal Proceedings in Scotland: 2023-2024. 2025.

167 Ipsos MORI Scotland & Tata, C. Public perceptions of sentencing: national survey report, Scottish Sentencing Council. 2019.

168 Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021.

169 The Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024.

170 Scotland’s Commissioner for Children and Young People. Not Seen. Not Heard Not Guilty. The Rights and Status of the Children of Prisoners in Scotland. 2009, pp. 4-8.

171 Children and Young People’s Commissioner Scotland. Response to the Scottish Sentencing Council consultation on the sentencing process. 2019.

172 The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.

173 United Nations. UN Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women (‘The Bangkok Rules’). 2010.

174 Minson, S. Maternal Sentencing and the Rights of the Child. Palgrave Macmillan, 2020.

175 Children and Young People’s Commissioner Scotland. Response to the Scottish Sentencing consultation on the sentencing process. 2019.

176 Sentencing Council. General guideline: overarching principles. 2019.

177 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025.

178 Ministry of Justice. Reducing Reoffending – A Synthesis of Evidence on Effectiveness of Interventions. 2025.

179 Sentencing and Penal Policy, Call for Evidence: Professor Cyrus Tata. 2025.

180 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 2. 2025.

181 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 2. 2025.

182 Gormley, J., Kennefick, L., & Hamilton, M. Written evidence submission (JCS0028) to the UK Parliament Justice and Home Affairs Committee community sentences inquiry. 2023.

183 Probation Board for Northern Ireland (PBNJ). Probation’s Enhanced Combination Order Case Studies. 2025.

184 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 2. 2025.

185 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 1. 2025.

186 Community Justice Scotland. Community Justice Outcome Activity Annual Report Across Scotland 2023-24. 2025.

187 Delivery of unpaid work has also been analysed and scrutinised in England and Wales: see Bennett, N., & Bowen, P. The Future of Unpaid Work: Payback With Purpose, Centre for Justice Innovation. 2022; and HM Inspectorate of Probation. A Thematic Inspection of the Delivery of Unpaid Work. 2025.

188 Scottish Sentencing Council. Judicial Perspectives on Community-Based Disposals. 2021.

189 Scottish Government. Scottish Crime and Justice Survey 2023/24: Main Findings. 2025.

190 Council of Europe (CoE). European Probation Rules, Recommendation CM/Rec(2010)1. 2010.

191 Allik, M., Brown, D., Dundas, R. & Leyland, A. “Deaths of despair: cause-specific mortality and socioeconomic inequalities in cause-specific mortality among young men in Scotland.” International Journal for Equity in Health. 2020, 19, pp. 215.

192 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 2. 2025.

193 Scottish Government. Community sentencing options for people with substance use problems: review findings summary. 2023.

194 Working Group on Electronic Monitoring. Electronic Monitoring in Scotland Working Group Final Report. 2016.

195 Graham, H., & McIvor, G. Scottish and International Review of the Uses of Electronic Monitoring., Scottish Centre for Crime and Justice Research (SCCJR), University of Stirling,. 2015.

196 Community Justice Scotland. National Improvement Recommendation – Electronic Monitoring. 2025.

197 Nellis, M. Standards and Ethics in Electronic Monitoring: Handbook for Professionals Responsible for the Establishment and Use of Electronic Monitoring., Council of Europe: Strasbourg. 2015.

198 Daems, T. Electronic Monitoring: Tagging Offenders in a Culture of Surveillance. Springer, 2020.

199 Nellis, M. “From Electronic Monitoring to Artificial Intelligence: Technopopulism and the Future of Probation Services” (Chapter 12) in Burke, L., Carr, N., Cluley, E., Collett, S., and McNeill, F. (eds.) Reimagining Probation Practice: Reforming Rehabilitation in an Age of Penal Excess, Routledge. 2022.

200 Vanhaelemeesch, D., & Families Outside. Virtual Punishment: Experiences of Electronic Monitoring. 2018.

201 HM Inspectorate of Probation. The use of electronic monitoring as a tool for the Probation Service in reducing reoffending and managing risk. 2022.

202 Eunson, J., Murray, L., Graham, H. et al. Review of the Aberdeen problem-solving approach. Scottish Government. 2018.

203 Independent Sentencing Review. Final report and proposals for reform. 2025.

204 Scottish Government. Review of the Aberdeen Problem Solving Approach: research findings. 2018.

205 Mclean, R., Deuchar, R. & Booth, G. Problem solving justice: mid-term findings from Scotland first alcohol and drug problem-solving court, University of West of Scotland (UWS). 2025.

206 McIvor, G. Judicial Involvement in Community Sanctions and Measures in Scotland: Recent Developments and Challenges. 2012.

207 Centre for Justice Innovation. Problem-solving in Scotland: New developments. 2017.

208 Scottish Government. Scottish Government Response to the Drug Deaths Taskforce Response: Annex A: Detailed Response to each of the Drug Deaths Taskforce actions. 2023.

209 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 1. 2025.

210 King, M. “Should problem-solving courts be solution-focused courts?” Revista Juridica Universidad de Puerto Rico. 2011, 80(4), pp. 1005-1038.

211 King, M. (2009) Solution-Focused Judging Benchbook. Australasian Institute of Judicial Administration, 2009.

212 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 1. 2025.

213 Scottish Sentencing Council. Disposals and appeals. 2025.

214 Scottish Sentencing Council. Judicial perspectives of community-based disposals. 2021.

215 Ipsos Scotland. Public perceptions of sentencing in Scotland. 2019.

216 Gormley, J., Roberts, J., & Tata, C. Public Attitudes to Sentences Following a Guilty Plea. Scottish Sentencing Council, 2025.

217 Brooks-Hay, O., Burman, M. & Glinkski, J. Victim Survivor Views and Experiences of Sentencing for Rape and Other Sexual Offences. Scottish Sentencing Council, 2024.

218 Scottish Sentencing Council. Public attitudes to sentences following a guilty plea: findings from a mixed methods research project. 2025.

219 Clark, A., Fraser, A. & Hamilton-Smith, N. “Networked territorialism: the routes and roots of organised crime.” Trends in Organised Crime. 2021, 24, 246-262

220 Serious Organised Crime Taskforce. Serious Organised Crime Taskforce Progress Report 2024. 2024, pp.4.

221 Scottish Prison Service. SPS Annual Report 2024-25. 2025.

222 Independent Sentencing Review. Final report and proposals for reform. 2025, pp.47

223 Prison Officers Association Scotland & Unity Consulting Scotland. Breaking Point: POA Scotland Survey. 2025.

224 Scottish Parliament. Question reference: S6W-42026. 2025.

225 The Scottish Parliament. Question reference: S6W-22566. 2023.

226 HMIPS. HMP Addiewell Full Inspection Report and Pre-Inspection Prisoner Survey. 2022.

227 HMIPS. HMP Barlinnie Full Inspection Report and Pre-Inspection Prisoner Survey. 2024.

228 Armstrong, S., Allan, L., Cobain, R., Russo, D., & Barkas, B. Nothing to see here? Deaths in Custody and their investigation in Scotland – 2024. University of Glasgow, 2025.

229 University of Glasgow. Record numbers are dying in Scottish prisons, reveals new study. Glasgow Social Sciences Hub, 2025.

230 HM Inspectorate of Prisons for Scotland. HMP Dumfries Full Inspection Report. 2025.

231 https://www.sps.gov.uk/about-us/our-latest-news/new-research-published-community-custody-units

232 Burman, M., Crowley, A., Mackenzie, M. et al. Scottish Prisons Assessment and Review of Outcomes for Women (SPAROW) – Full Report. Scottish Government.2025.

233 HMIPS. Letter to Cabinet Secretary – Overcrowding – September 2025. 2025.

234 Prisoners (Early Release) (Scotland) Act 2025.

235 Buchan, J., Anderson, S., & Morrison, K. Criminal Justice in Scotland. Routledge, 2025.

236 Anderson, S. “The trouble with trauma: Interconnected forms of violence in the lives of repeatedly criminalised men.” Howard Journal of Crime and Justice. 2025, 64(1), pp. 24-43.

237 The Scottish Parliament. Criminal Justice Committee 2025 Meetings: Sessions 3, 10, 17 and 14 September 2025. 2025.

238 College of Policing Crime Reduction Toolkit. Sports Programmes Designed to Reduce Reoffending. 2023.

239 Graham, H., & White, R. Innovative Justice. Routledge, 2015.

240 Sentencing and Penal Policy Commission: Lived Experience Workshop. 2025.

241 Scottish Sentencing Council. Principles and purposes of sentencing. 2018.

242 The concept of rehabilitation has changed over time. While there has traditionally been a heavy focus on the individual level of personal rehabilitation, there are multiple forms of rehabilitation including judicial or legal, moral, and social rehabilitation: McNeill, F., & Graham, H. “Conceptualising rehabilitation: Four forms, two models, one process and a plethora of challenges” (Chapter 2) in Ugwudike, P., Graham, H., McNeill, F., Raynor, P., Taxman, F., and Trotter, C. (eds.) The Routledge Companion to Rehabilitative Work in Criminal Justice. Routledge. 2019.

243 Scottish Government. Scottish Crime and Justice Survey 2023/24: Main Findings. 2025.

244 Scottish Prison Service (SPS). Corporate Plan 2023-28. 2023.

245 Scottish Prison Service (SPS). Annual Report and Accounts 2024-25. 2025.

246 Nugent, B. Paying the Price: The Cost to Families of Imprisonment and Release. Families Outside, 2022.

247 The Diffley Partnership & KSO Research. Literature Review: Understanding the Family Support Needs of People in Custody. Scottish Government Social Research, 2025.

248 Scottish Prison Service (SPS). Annual Report and Accounts 2024-25. 2025.

249 HM Inspectorate of Prisons for Scotland. A Thematic Review of Prisoner Progression in Scottish Prisons. 2024, pp.58.

250 Cross, D. The Pains of Progression: The pathway through a very long-term sentence in a Scottish prison, Prison Reform Trust. 2025.

251 BS v Scottish Ministers [2024] CSOH 4.

252 Availability and capacity (or lack thereof on both counts) of programmes and rehabilitative activities in Scottish prisons has been raised as an issue by in 2008 by Audit Scotland, in 2010 by HMIPS in a review of progression, in 2012 by the Commission on Women Offenders, in 2013 by the Scottish Parliament Justice Committee, and again in 2024 by HMIPS in another review of progression.

253 Scottish Government. Scottish Advisory Panel on Offending Reduction (SAPOR).

254 Scottish Government., Scottish Advisory Panel on Offender Rehabilitation (SAPOR): Annual Report 2024 – 2025. 2025.

255 Sentencing and Penal Policy Commission: Session with victims organisations. 2025.

256 Ministry of Justice. Offending behaviour programmes and interventions. 2022.

257 HM Inspectorate of Prisons for Scotland. A Thematic Review of Prisoner Progression in Scottish Prisons. HMIPS, 2024.

258 National Institute for Health and Care Excellence (NICE). Preventing suicide in community and custodial settings. 2018.

259 Scottish Government, Scottish Advisory Panel on Offender Rehabilitation (SAPOR): Annual Report 2024 – 2025. 2025.

260 Report of Committee led by Lord Kincraig, Parole and Related Issues in Scotland, Cm. 598, 1989.

261 Report of Committee led by Lord Kincraig, Parole and Related Issues in Scotland, Cm. 598, 1989.

262 Independent Sentencing Review. Final report and proposals for reform. 2025, pp.53.

263 Independent Sentencing Review. Final report and proposals for reform. 2025, pp.65

264 Prison Reform Trust. Prison Reform Trust response to the Independent Sentencing Review 2024 to 2025. 2025.

265 Prisoners (Control of Release) (Scotland) Bill (as introduced), explanatory notes posted 15 August 2014: NRS Web Continuity Service for figure see table 11 on page 9.

266 Prisoners (Control of Release) (Scotland) Bill (as introduced), revised financial memorandum.

267 Criminal Procedure (Scotland) Act 1995: Section 210A.

268 SPS FOI response shows an average of 1820 long-term prisoners held in SPS custody in 2016, increasing to 2410 long-term prisoners in 2024. The long-term prison population on 1 September 2025 was 2814 (see: Scottish Government. Safer Communities and Justice Statistics Monthly Data Report: October 2025. 2025.).

269 Scottish Government. Long-term Prisoner Release Process: Consultation. 2024.

270 Scottish Government. Long-term Prisoner Release Process Consultation: Analysis of Consultation Responses. 2024, pp.10.

271 Scottish Government. Long-term Prisoner Release Process: Consultation: Analysis of Consultation Responses. 2024.

272 Scottish Government. Long-term Prisoner Release Process: Consultation. 2024.

273 Written submission by Dr Hannah Graham at the University of Stirling; Prof Sarah Armstrong, Prof Fergus McNeill, and Dr Marguerite Schinkel at the University of Glasgow; Dr Cara Jardine and Prof Beth Weaver at the University of Strathclyde; and Dr Katrina Morrison at Edinburgh Napier University, November 2024.

274 Section 3(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 Prisoners and Criminal Proceedings (Scotland) Act 1993 provides: “the Secretary of State may at any time, if satisfied that there are compassionate grounds justifying the release of a person serving a sentence of imprisonment, release him on licence”.

275 Prisoners and Criminal Proceedings (Scotland) Bill [Lords] (Hansard, 19 October 1992).

276 Scottish Government. Prisoner compassionate release cases. 2016.

277 Scottish Government. Prisoner compassionate release cases. 2016.

278 Y v The Scottish Ministers, The Parole Board for Scotland [2023] CSOH 37.

279 Ministry of Justice. Early Release on Compassionate Grounds Policy Framework. 2023.

280 Lord Woolf, Lord Phillips of Worth Matravers, Lord Thomas of Cwmgiedd, Lord Burnett of Maldon, and Sir Brian Leveson. Sentence inflation: A judicial critique, Howard League for Penal Reform (England and Wales). 2024.

281 Lord Woolf, Lord Phillips of Worth Matravers, Lord Thomas of Cwmgiedd, Lord Burnett of Maldon, and Sir Brian Leveson. Sentence inflation: A judicial critique, Howard League for Penal Reform (England and Wales). 2024.

282 Independent Sentencing Review. Final report and proposals for reform. 2025, pp.104

283 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025, pp.15.

284 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025.

285 HM Inspectorate of Prisons for Scotland. Who Cares? The Lived Experience of Older Prisoners in Scotland’s Prisons. 2017.

286 HM Inspectorate of Prisons for Scotland. Who Cares? The Lived Experience of Older Prisoners in Scotland’s Prisons. 2017.

287 Scottish Government. Understanding the Health Needs of Scotland’s Prison Population: A synthesis report. Scottish Government Social Research, 2022, pp.3.

288 Scottish Government. Understanding the Health Needs of Scotland’s Prison Population: A synthesis report. Scottish Government Social Research, 2022, pp.10.

289 Scottish Government. Understanding the Physical Health Care Needs of Scotland’s Prison Population. Scottish Government Social Research, 2022, pp.17.

290 Alzheimer Scotland Centre for Policy and Practice. Dementia in Prisons., University of the West of Scotland (UWS).

291 Scottish Government. Understanding the Health Needs of Scotland’s Prison Population: A synthesis report. Scottish Government Social Research, 2022, pp.12.

292 Howard League of Penal Reform. Sentence inflation: a judicial critique. 2024.

293 Price, J. Growing Old and Dying Inside: Improving the Experiences of Older People Serving Long Prison Sentences. Prison Reform Trust Building Futures Programme, 2024, pp.40.

294 Independent Sentencing Review. Final report and proposals for reform. 2025, pp.107.

295 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025, pp.15.

296 Scotland’s Census. Ethnic group, national identity, language and religion. 2022.

297 Scottish Government. Foreign nationals detained in Scottish prisons and detention centres: FOI release. 2024

298 Scottish Government. Scotland’s prison population: Ministerial statement. 2025.

299 The Management of Offenders (Scotland) Act 2019 and the Prisoners (Early Release) (Scotland) Act 2025 (Consequential Modifications) Regulations 2026.

300 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025.

301 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025.

302 Ministry of Justice. Reducing Reoffending – A Synthesis of Evidence on Effectiveness of Interventions. 2025.

303 Care Inspectorate. Community Justice Social Work: Throughcare review. 2021.

304 Sentencing and Penal Policy Commission, Call for Evidence: Analysis of Responses. 2025.

305 Scottish Government & Criminal Justice Committee. Inquiry into the harm caused by substance misuse in Scottish prisons. 2025.

306 SPICe & Criminal Justice Committee. Inquiry into the harm caused by substance misuse in Scottish prisons: analysis of the call for views. 2025.

307 Bail and Release from Custody (Scotland) Bill: Financial Memorandum. 2022.

308 Sentencing and Penal Policy, Call for Evidence: Criminal Justice Voluntary Sector Forum – Q3. 2025.

309 HM Inspectorate of Prisons for Scotland. Prison-based social work thematic review, Care Inspectorate. 2024.

310 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025.

311 Scottish Government. Short custodial disposals from court and the prison population. 2025.

312 Sentencing and Penal Policy, Call for Evidence: Justice Social Work Perth & Kinross – Q3. 2025.

313 Sentencing and Penal Policy, Call for Evidence: Fergus McNeill. 2025.

314 McAra, L., & McVie, S. Causes and Impact of Offending and Criminal Justice Pathways: Follow-up of the Edinburgh Study Cohort at Age 35. Edinburgh: University of Edinburgh, 2022.

315 HM Inspectorate of Prisons for Scotland. Who Cares? The Lived Experience of Older Prisoners in Scotland’s Prisons. 2017.

316 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025.

317 Sentencing and Penal Policy, Call for Evidence: Fergus McNeill. 2025.

318 UK Government Ministry of Justice. Reducing Reoffending evidence synthesis. 2025.

319 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025, Chapter 3.

320 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025, Chapter 3.

321 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025, pp p.13.

322 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025.

323 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025.

324 Piacentini, L., Weaver, B. & Jardine, C. Employment and Employability in Scottish Prisons: A Research Briefing Paper, Glasgow: University of Strathclyde. 2018.

325 Scottish Human Rights Commission. Review, Recommend, Repeat: An assessment of where human rights have stalled in places of detention. Edinburgh: SHRC. 2024.

326 Sentencing and Penal Policy, Call for Evidence: Next Chapter – Q3. 2025.

327 Sentencing and Penal Policy, Call for Evidence: Turning Point – Q3. 2025.

328 Sentencing and Penal Policy, Call for Evidence: Turning Point – Q3. 2025.

329 Sentencing and Penal Policy, Call for Evidence: Crisis – Q3. 2025.

330 Scottish Prison Service. Housing – SHORE (Sustainable Housing On Release for Everyone).

331 Sentencing and Penal Policy, Call for Evidence: Parole Board for Scotland – Q3. 2025.

332 Ministry of Justice. Reducing Reoffending – A Synthesis of Evidence on Effectiveness of Interventions. 2025.

333 Sentencing and Penal Policy, Call for Evidence: Scottish Recovery Consortium – Q3. 2025.

334 Ministry of Justice. Reducing Reoffending – A Synthesis of Evidence on Effectiveness of Interventions. 2025.

335 Mulholland, C., Eunson, J., Murray, L. et al. Evaluation of the Reducing Reoffending Change Fund: Research Findings [61/2016], Scottish Government. 2016.

336 Fraser of Allander Institute. Exploring the impact of mentoring-based throughcare: An update, University of Strathclyde. 2024.

337 Kirkwood, S. ‘‘A wee kick up the arse’: Mentoring, motivation and desistance.” Criminology & Criminal Justice. 2023, 23(2), pp. 183-199.

338 Brierley, A., Best, D., Mcdermott, D., & Woodfield, R. “Peer Mentors and Desistance: A Systematic Literature Review and Synthesis.” Criminal Justice and Behaviour. 2025, 52(7), pp.1128-1147.

339 Jolliffe, D. & Farrington, D. P. “The Influence of Mentoring on Reoffending.” Swedish National Council for Crime Prevention. 2008.

340 Scottish Government. Scottish Prison Population Statistics 2024-25. 2025.

341 Parole Board for Scotland. Guidance for Members. 2023.

342 Parole Board for Scotland. Decision Summaries.

343 Victims, Witnesses and Justice Reform (Scotland) Act 2025: Section 53.

344 Sentencing and Penal Policy, Call for Evidence: Edinburgh Bar Association. 2025.

345 Scottish Parole Board. Publications.

346 McGhee, J., McMillan, S. & Reilly, J. The Very Long-Term Prison Population in Scotland: A scoping document. 2023.

347 Hampton, C., Loucks, N. & Armstrong, K. ‘The Lang Whang’(The Long Journey): the hidden impact of Scotland’s longest prison sentences. 2025.

348 Sentencing and Penal Policy, Call for Evidence: Parole Board for Scotland. 2025.

349 Sentencing and Penal Policy, Call for Evidence: Parole Board for Scotland. 2025.

350 Prisoners and Criminal Proceedings (Scotland) Act 1993 at section 21.

351 Sentencing and Penal Policy, Call for Evidence: Scottish Prisoner Advocacy and Research Collective (SPARC) – Q3. 2025.

352 Kelly, L., McIvor, G. & Richard, K. “Prisoners’ understanding and experiences of parole.” Criminal Behavior and Mental Health. 2020, 30(6), pp. 321-330.

353 Scottish Human Rights Commission (SHRC). Scottish prisoners get a guide to rights under the prison rules for the first time. 2025.

354 Scottish Government. Voices in Justice: Parole Reform in Scotland. 2025.

355 Sentencing and Penal Policy, Call for Evidence: Scottish Recovery Consortium. 2025.

356 Sentencing and Penal Policy, Call for Evidence: Scottish Prisoner Advocacy and Research Collective (SPARC) – Q3. 2025.

357 Scottish Government. Justice Social Work Statistics in Scotland: 2023-24 – Part 1. 2025.

358 Newton & Revolving Doors. Preventing the revolving door. 2025.

359 Ministry of Justice. Better Outcomes through Linked Data (BOLD). Criminogenic needs of prolific offenders. 2025.

360 Ministry of Justice. Better Outcomes through Linked Data (BOLD). Criminogenic needs of prolific offenders. 2025.

361 Scottish Government. Reconviction Rates in Scotland: 2021-2022 Offender Cohort. 2025.

362 Scottish Government. Short custodial disposals from court and the prison population. 2025.

363 Scottish Government. Short custodial disposals from court and the prison population. 2025.

364 The Scottish Prisons Commission. Scotland’s Choice Report of The Scottish Prisons Commission. 2008.

365 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social research, 2025.

366 Scottish Sentencing Council. Scottish Sentencing Research Symposium. Efficacy in sentencing: a comparative perspective. 2025.

367 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025.

368 Ministry of Justice. Reducing Reoffending – A Synthesis of Evidence on Effectiveness of Interventions. 2025.

369 HM Inspectorate of Probation. Probation services – models and principles: The risk-need-responsivity model. 2020.

370 Audit Scotland. Community justice: Sustainable alternatives to custody: Sustainable alternatives to custody. 2021.

371 Scottish Government. Christie Commission on the future delivery of public services. 2011.

372 Kirkwood, S. Restorative justice: Insight 44. Iriss, 2018.

373 Shapland, J., Atkinson, A., Atkinson, H. et al. “Restorative Justice: Does Restorative Justice affect reconviction? The fourth report from the evaluation of three schemes.” Ministry of Justice research series 10/08. 2008.

374 European Forum for Restorative Justice.

375 Scottish Government. Restorative justice: action plan. 2019.

376 Lappi-Seppälä, T. “Explaining imprisonment in Europe.” European Journal of Criminology. 2011, 8(4), pp. 303-328.

377 Scottish Government. Future Trends for Scotland: Findings from the 2024-2025 Horizon-Scanning Project. 2025.

378 MacArthur Foundation Safety and Justice Challenge.

379 Pettus-Davis, C., Epperson, M. & Grier, A. Guideposts for the Era of Smart Decarceration, The Smart Decarceration Initiative (SDI), a joint initiative of Washington University in St. Louis, the University of Chicago and the Institute for Justice Research and Development (IJRD) at Florida State University. 2020.

380 Agha, Z., Ali, H., & Knight, D. Place: Thinking of National Strategy from the Ground Up., Oxford University and the Heywood Foundation. 2025.

381 Audit Scotland. An Overview of Scotland’s Criminal Justice System. 2011, pp. 4.

382 Audit Scotland. Community Justice: Sustainable Alternatives to Custody. 2021, pp. 3.

383 Audit Scotland. Community Justice: Sustainable Alternatives to Custody. 2021, pp. 14.

384 Audit Scotland. The Criminal Courts Backlog. 2023, pp. 4.

385 Institute for Government. Doing data justice: Improving how data is collected, managed and used in the justice system. 2023.

386 Audit Scotland, An overview of Scotland’s criminal justice system. 2011

387 Office for Statistics Regulation, Assessment of compliance with the Code of Practice for Statistics: Scottish prison population statistics. 2023.

388 Scottish Government., Scottish Government response to the FAI determination into the deaths of Katie Allan and William Lindsay (Brown): Justice Secretary’s statement. 2025.

389 For data and evidence gaps see Scottish Government. Justice Analytical Services: Areas of Research Interest. 2025.

390 Ministry of Justice. Data Strategy. 2023.

391 Ministry of Justice. Data Sharing for the Criminal Justice System Guidance. 2023.

392 Social Work Scotland. Guidance: Using The LS/CMI in Prison and Throughcare. 2025.

393 Care Inspectorate. Justice Social Work: Self-evaluation of performance, quality and outcomes – A national review.2025.

394 Scottish Government. Justice Analytical Services: Areas of Research Interest. 2025.

395 Bodies include the Ministry of Justice, Department of Health and Social Care, the Ministry of Housing, Communities and Local Government, Public Heath Wales, Department for Education, police forces, and the Welsh Government.

396 Ministry of Justice. Better Outcomes through Linked Data (BOLD). 2025.

397 Research Data Scotland. Metadata catalogue.

398 The Scottish Safe Haven Network (SSHN) consists of four regional and one national Safe Havens. Safe Havens are secure facilities that provide a controlled environment for accessing and processing personal health and social care data. These facilities support research and innovation while ensuring the rigorous protection of individual privacy and identity.

399 The Ministry of Justice Reducing Reoffending – A Synthesis of Evidence on Effectiveness of Interventions notes for the need for more UK-based evaluation, a need for individual evaluation reports to better capture programme design characteristics that can affect success, and a need for greater understanding of what works best for different groups. Common challenges in justice include participant volumes, constructing comparison groups, relatively low reoffending rates and long prison sentences for some cohorts.

400 Respondents to the Call for Evidence highlighted the need for ongoing evaluation of recent developments such as the national throughcare service ‘UpSide’, the Bail and Release from Custody (Scotland) Act 2023, the United Nations Conventions on the Rights of the Child (Incorporation) (Scotland) Act 2024 and the SHORE (Sustainable Housing On Release for Everyone) standards related to housing.

401 Cross Justice Working Group on Race Data & Evidence and Scottish Government. Ethnicity and Justice in Scotland: Overview of Research 2023-2024. 2024.

402 Scottish Government. What Works to Reduce Reoffending: An update of the evidence on Imprisonment and Community Disposals. Scottish Government Social Research, 2025.

403 Sentencing and Penal Policy: Call for Evidence. 2025.

404 Audit Scotland. An overview of Scotland’s criminal justice system. 2011.

405 Sentencing and Penal Policy: Call for Evidence. 2025.

406 Scottish Government. The Digital Strategy for Justice in Scotland. 2024.

407 Scottish Government. Digital strategy for Scotland: sustainable digital public services. 2025.

408 Morris, J., & Graham, H. “Using technology and digitally enabled approaches to support desistance” (Chapter 16) in Ugwudike, P., Graham, H., McNeill, F., Raynor, P., Taxman, F., and Trotter, C. (eds.) The Routledge Companion to Rehabilitative Work in Criminal Justice, Routledge. 2019.

409 McNeill, F. “Probation, Credibility and Justice.” Probation Journal. 2011, 58(1), pp. 9-22.

410 Ipsos MORI, Tata, C. & Mcpherson, R. research on public perceptions to sentencing in Scotland – upcoming.

411 McCulloch, T., & Smith, M. “Creating spaces for change: Engaging civil society to harness change in criminal justice practice.” European Journal of Probation. 2017, 9(3), pp. 231-247.412 Audit Scotland. Managing Increasing Prisoner Numbers in Scotland. 2008.

415 Scottish Policy Innovation Forum & Scottish Centre for Crime and Justice Research (SCCJR). Prisons and sentencing reform: developing policy in Scotland. 2009.

416 HM Inspectorate of Prisons for Scotland. Review of the Arrangements for Progressing Prisoners from Closed to Open Conditions. 2010.

417 Audit Scotland. An overview of Scotland’s criminal justice system. 2011.

418 Armstrong, S., Malloch, M., Nellis, M. & Norris, P. Evaluating the Effectiveness of Home Detention Curfew and the Open Prison Estate in Scotland, Scottish Government. 2011.

419 Scottish Government. Report of the Commission on Women Offenders Commission on Women Offenders. 2012.

420 Audit Scotland. Reducing Reoffending in Scotland. 2012.

421 Scottish Centre for Crime and Justice Research (SCCJR). Elements of effective throughcare Part 2: Scottish Review. 2013.

422 Scottish Parliament Justice Committee. Inquiry into purposeful activity in prisons. Iriss, 2013.

423 HMICS & Care Inspectorate. Joint Thematic Review of MAPPA in Scotland. 2015.

424 Graham, H., & McIvor, G. Scottish and International Review of the Uses of Electronic Monitoring. Scottish Centre for Crime and Justice Research (SCCJR), 2015.

425 HMICS & Care Inspectorate. Joint Thematic Review of MAPPA in Scotland Progress Report Link. 2017.

426 Reform Scotland. Reforming Prison. 2017.

427 HM Inspectorate of Prisons for Scotland. Who Cares? The Lived Experience of Older Prisoners in Scotland’s Prisons. 2017.

428 Levy, S., Kumari Campbell, F., Kelly, L. & Fernandes, F. A New Vision for Social Care in Prisons. Social Work Scotland and University of Dundee, 2018.

429 Scottish Parliament Justice Committee. An inquiry into the use of remand in Scotland. 2018.

430 HM Inspectorate of Prisons for Scotland. Report on the Review of the Arrangements for Home Detention Curfew within the Scottish Prison Service. 2018.

431 HM Inspectorate of Prisons for Scotland. Report on the Review of the Arrangements for Home Detention Curfew within the Scottish Prison Service – Progress Review. 2019.

432 Van Zyl Smit, D. & Morrison, K. “The Paradox of Scottish Life Imprisonment.” European Journal of Crime, Criminal Law and Criminal Justice. 2020, 28(1), pp. 76-101.

433 Audit Scotland. Community justice: sustainable alternatives to custody. 2021.

434 Scottish Sentencing Council. Judicial perspectives of community-based disposals Scottish Sentencing Council. 2021.

435 Howard League Scotland. The Scandal of Remand in Scotland. 2021.

436 HM Inspectorate of Prisons for Scotland. Who Cares? A follow up review of the lived experience of older prisoners in Scotland’s prisons. 2021.

437 Drug Deaths Taskforce. Report on drug law reform. 2021.

438 Drug Deaths Taskforce. Changing Lives. 2022.

439 Scottish Mental Health Law Review. Final Report of the Scottish Mental Health Law Review. 2022.

440 Scottish Parliament Criminal Justice Committee. Judged on progress: The need for urgent delivery on Scottish justice sector reforms. 2022.

441 Mental Welfare Commission for Scotland. Mental Health Support in Scotland’s Prisons 2021: under-served and under-resourced. 2022.

442 Scottish Government. Prison population health needs: synthesis report. 2022.

443 Perkins, A., Livingston, W., Cairns, B. et al. Understanding substance use and the wider support needs of Scotland’s prison population. Scottish Government, 2022.

444 Gilling McIntosh, L., Rees, C., Kelly, C. et al. Understanding the mental health needs of Scotland’s prison population. Scottish Government, 2022.

445 Scottish Government. Review of community sentencing options for people with substance use problems: A summary of key findings. 2023.

446 IPS, HMICS, CI & HMIPS. Joint Review of Diversion from Prosecution. 2023.

447 Community Justice Scotland. Voluntary Throughcare and Mentoring Support Research Report. 2023.

448 HM Inspectorate of Prisons for Scotland. Thematic Review of Prisoner Progression in Scottish Prisons. 2024.

449 HM Inspectorate of Prisons for Scotland. Scottish Prisons – Overcrowding. 2024.

450 Scottish Human Rights Commission & National Preventive Mechanism. Review, Recommend, Repeat: An Assessment of Where Human Rights Have Stalled in Places of Detention. 2024.

451 Scottish Human Rights Commission & National Preventive Mechanism. Review, Recommend, Repeat: An Assessment of Where Human Rights Have Stalled in Places of Detention. 2024.

Contact

Email: ScottishSentencingCommission@gov.scot

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