Scotland's prison population: Ministerial statement

Presiding Officer, since I became Justice Secretary, I have regularly updated Members on the measures taken to establish a sustainable prison population during a time of significant increase in numbers.  

This includes maximising the capacity of the prison estate; enacting  the Prisoners Early Release Act; and optimising the use of Home Detention Curfew.  

We have also built on our commitment to increasing the availability of community justice interventions, backed by an additional investment of £25 million to £159 million this year, reflecting the evidence that alternatives to custody can, where appropriate, be more effective in reducing reoffending.

Whilst these measures have been essential in easing pressure on our prisons, the population has continued to rise. Today’s population is 8363, and we are on the cusp of having a record number of people in custody. Currently 10 prisons are at red risk status and 10 are on or over their assessed capacity tolerance.

Prison is necessary and it remains crucial that our prisons house those who pose the greatest risk.

Indeed, the continuing rise in the prison population reflects in part the increase in convictions of those who have committed serious sexual offences and other crimes for which custody is the only appropriate response. This clearly demonstrates the important work undertaken by our justice bodies in effectively tackling crime and delivering justice.  

It is also vital that our prisons operate safely and effectively, both by protecting the public and providing the best possible environment to support the rehabilitation of those in custody. This is fundamental if we are to reduce reoffending.

Presiding Officer, the recent increases in the prison population are having a significant impact on those who live and work in our prisons.  There is now a critical risk to the continued safe and effective operation of the estate due to this pressured environment and the prison service’s ability to deliver rehabilitative regimes have been severely curtailed. These views have been echoed by HM Chief Inspector of Prisons for Scotland.

The Scottish Prison Service has confirmed that increases are compounded by the complexity of the population with higher numbers of individuals involved in Serious Organised Crime Groups and the increasing numbers of individuals convicted of sexual offences.

In Scotland we have a presumption against short sentences of a year or less and whilst there is a long-term trend away from such sentences, these continue to make up a notable proportion of sentences imposed. We are also seeing a sustained high remand population at around 25%, with 80% on solemn charges. 

In addition to this, Scottish Prison Service  has reported an increase of 700 long term prisoners compared to the same date in 2020. This equates to a prison the size of HMP Addiewell. And it means  that significant parts of the prison population will remain in the care of the Scottish Prison Service for longer, further impacting their ability to cope with any rise in population.

These considerable changes in population as well as the increase in numbers have led to the Scottish Prison Service, Prisoner Governors Association and other interested parties, making representations to me regarding the urgent need to reduce the current population.

Presiding Officer, I have laid today secondary legislation to take that necessary action. It is clear to me we need to reduce the current pressure on our prisons, and the officers, staff and wider professionals, who play a vital role working in our prison service.

And let me take this opportunity to put on record my gratitude and appreciation to those staff who continue, day in and day out to carry out an outstanding job in very difficult circumstances.   

I am seeking Parliament’s approval to exercise the power under section 3C of the Prisoners and Criminal Proceedings (Scotland) Act 1993 to make regulations to enable the release of some prisoners early, if necessary and proportionate in response to such an emergency situation. And given the level of pressure on our prisons, and the fortnight October recess, I am asking that an expedited timetable is followed.

Let me be clear to Parliament - this is not an action I propose lightly. It is, however, necessary and I consider that the legal test has been met.

Presiding Officer,  public safety and protecting victims and their families is paramount. Therefore,

I have done my utmost to take account of the possible concerns in preparing the legislation. 

Those considered for early release would be limited to those serving sentences of under four years, who on the date of their release would be within 180 days of their original legal release date.

Such releases under this scheme would also be subject to a veto that can be applied by the Governor in Charge where they consider that a prisoner poses an immediate risk of harm to an identified person or group. In support of this, I have also laid secondary legislation today for a change in prison rules to ensure such a task can be effectively delegated should that be necessary.

In addition, no one serving a sentence for sexual offences or domestic abuse would be released.

We will also engage victim support organisations, local authorities, and other key partners in preparing for any releases.

Presiding Officer, there is no single solution to achieving a sustainable prison population, just as there is no single reason for the increases.

That is why we are continuing to take forward a range of measures, some of which I outlined at the start. Other steps include increasing prison estate capacity through the new prisons in Inverness and Glasgow, whilst we are also seeing positive indicators through an increase in the use of bail supervision, and the roll out of electronically monitored bail across the country.

Presiding Officer, shortly after recess I will bring forward secondary legislation to facilitate the earlier removal of prisoners liable to removal from the UK.

Whilst returns and deportation are reserved to the UK Government, through devolved powers we can put the Early Release Scheme to greater use. One measure I will be asking parliament to approve, is to change legislation to align arrangements for the release of foreign national offenders within release legislation in Scotland. 

This will propose changing the number of days before the point of release that a prisoner can be removed from prison for removal from the UK and change the minimum period of sentence served before a prisoner can be removed for the same purpose. Whilst this will not impact on many people, it’s an action that I think should be taken.

In the slightly longer term, an independent Sentencing and Penal Policy Commission is considering how imprisonment and community-based interventions are used. The Commission will report by the end of 2025 and will help inform further action as part of the longer-term strategy for establishing a sustainable prison population, whilst ensuring justice is served.

Presiding Officer, this Government has demonstrated a clear commitment to reducing crime, prioritising victims and establishing a sustainable prison population. Recorded crime is down 39% since 2006-07 yet we continue to see a rise in the prison population.

That requires immediate action to ease pressure on our prisons and emergency release is the primary option available to us.  As well as protecting the public we must ensure the safety and wellbeing of prison staff and those in custody, and our prisons must continue to function effectively to accommodate those who pose the greatest risk of harm.

Presiding Officer, I appreciate that Members, and the public, will have legitimate concerns about my announcements. I have therefore today published a briefing paper to ensure that MSPs, victim support organisations and the wider public have the information they need.

In addition, I will invite justice spokespeople to meet with me and the Chief Executive of the Scottish Prison Service to discuss the current situation and am willing to meet other members if they so wish. 

Presiding Officer, in light of the intensely difficult circumstances I have outlined today, I urge Parliament to recognise the critical situation that is before us and to agree to take the necessary emergency action.

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