Penal Reform: working towards a sustainable prison population – Consultation

Prison population and sentencing and penal reform consultation

Why change is needed

• Scotland’s prison population is at a historic high and one of the highest in Western Europe. On 26 May 2026, the prison population reached 8,603, the highest level ever recorded against the prison estate’s design capacity of 7,805.
• Overcrowding is placing significant pressure on staff, limiting rehabilitation, and reducing the system’s ability to support safe reintegration back into the community and reduce reoffending.
• One of the main drivers is the growth in the number of long-term prisoners (LTPs) who currently make up 36% of the prison population, and this is forecast to increase.
• While overall recorded crime has fallen, there has been an increase in the number of serious crimes coming before the courts. For serious crimes, people are given longer custodial sentences. The average length of custodial sentences in Scotland has increased by 37% over the long term (over the span from 2014-15 to 2023-24), driven in part by an increase in the proportion of more serious crimes prosecuted in court.^[1]
• Together, these trends mean the current system is not sustainable and requires using custody more effectively. This should be targeted to those who pose the highest risk, balanced alongside robust community-based responses that protect victims and the public.
• Evidence shows that short custodial sentences are associated with higher reconviction rates than community-based alternatives.^[2],^[3]
• Short sentences can disrupt housing, employment and family relationships, the stabilising factors which can help prevent offending. Community-based alternatives help reduce the risk of reoffending, and its attendant impact on victims and the wider public.
• The average cost to the public purse per prisoner per year is over £52,000 and capital costs for new prisons is significant. This diverts resources from other capital projects such as schools and hospitals.
• Prisons will always be necessary, but where we can safely shift the balance to community sentencing and prevention, justice can be served while reoffending is reduced.
• Many countries have taken significant steps to reduce their prison population by shifting the balance to community justice.

Consultation stage

• This document provides an overview of a public consultation seeking views on potential reforms to Scotland’s approach to custody and community justice.
• Many of these proposals build on the independent, evidence-based recommendations of the Sentencing and Penal Policy Commission, which advocated for reducing the prison population and increasing the use of more effective community sentences.
• The consultation is an important opportunity to shape the proposed reforms. Victims, justice partners, and the public are being asked for their views. Responses to the consultation will help inform Scottish Government’s future policy development and any potential legislative proposals.
• In addition to the proposals in the consultation we are working with Scottish Prison Service to set out an approach for how we can further increase the number of places. This work is in addition to the new prisons HMP Inverness and HMP Glasgow.

Part 1 - delivering a more effective approach to custody

Part 1 of the consultation sets out a coordinated package of reforms to reduce reliance on ineffective short custodial sentences, creating a justice system that strengthens community alternatives, and supports victims and communities by reducing reoffending.

Why these changes are being proposed

These reforms aim to:

• Reduce reoffending by prioritising approaches that are proven to work.
• Relieve pressure on prisons and avoid unsustainable population growth.
• Improve rehabilitation and reintegration outcomes.
• Recognise prison is necessary, whilst ensuring custody is for those who pose the greatest risk.
• Strengthen confidence in community justice by making it more robust, visible and effective.
• Deliver a more balanced and sustainable justice system, with better outcomes for victims, communities and individuals.

Current position and proposed changes

Use of short custodial sentences

Current position

Courts are expected to avoid prison sentences of 12 months or less where possible, but this has not significantly reduced their use. Nearly three-quarters of all custodial sentences imposed are for sentences of 12 months or less.

Our proposals

Strengthen the presumption against short sentences

• Make it clearer that short custodial sentences should only be used as a last resort
• Require better evidence and stronger justification when courts impose them
• Increase use of justice social work reports to inform sentencing decisions
• Expand the presumption against short prison sentences up to two years
• Encourage greater use of community disposals in place of short periods in custody
• Increase summary sentencing powers so that the maximum custodial sentence that can be imposed is also 24 months.

Community sentences, such as Community Payback Orders (CPOs)

Current position

These play an important role in reducing reoffending and enabling individuals to pay back to their communities, with scope to build on their use and effectiveness.

Our proposals

Enhance community sentences

• Reform Community Payback Orders to make them more flexible and effective in reducing reoffending, strengthening their role as a robust alternative to short custodial sentences
• Improve access to treatment and support e.g. for addiction and mental health needs, which can lead to reoffending
• Introduce incentives for compliance and good behaviour.

Sustained high remand population

Current position

Around 20% (one in five people) are held in prison are on remand awaiting trial or sentencing.

Our proposals

Reform bail and remand

• Reduce the use of remand where a custodial sentence is unlikely
• Introduce a clearer threshold so that remand is only used where necessary
• Support the use of alternatives that allow people to remain safely supervised and monitored in the community.

Expand electronic monitoring

• Increase the use of electronic monitoring including GPS monitoring in order to strengthen the role it can play to support safe management in the community and enforce licence conditions. As above, this can keep people in employment and housing, so reduce likelihood of reoffending

Part 2 - prisoner release arrangements

Part 2 of the consultation sets out a package of reforms to address the increasing long-term prisoner population, and to support better reintegration for those serving longer sentences through supervision in the community.

Why these changes are being proposed

These reforms:

• recognise prison is necessary, and aim to ensure a safe and effective prison service by addressing the growing number of long-term prisoners
• better support reintegration for those serving long sentences by ensuring they are subject to supervision and licence conditions in the community over a longer period
• allow individuals to begin resettlement while still serving their sentence, supporting stability in housing, relationships and services while risk is actively managed

Current position and proposed changes

Long-term prisoners

Current position

• Most long-term prisoners become eligible for parole at the halfway point of their sentence.
• If they are not released at that point, or any subsequent review, they are released on licence six months before the end of their sentence for a period of supervision in the community. This is known as automatic early release.
• This has only been the case since 2016, prior to that these individuals were released on licence at the two-thirds point of their sentence. Those sentenced before 2016 are still released at this point.
• This process ensures that eligible long term prisoners serve part of their sentence in the community on licence and under supervision before the end of their sentence.
• Long-term prisoners serving extended sentences will be eligible for parole at the halfway point of their sentence. If not release on parole licence, they will be released at the end of their full custodial sentence, before starting the extension period of their sentence in the community.

Our proposals

Change the automatic early release point for long-term prisoners back to the two-thirds point of their sentence

• Long term prisoners would serve one third of their sentence in the community, monitored in the community under supervision and licence conditions.
• They licence conditions would be set by the Parole Board for Scotland and if breached could result in recall to custody.
• Victims registered for the Victim Notification Scheme would continue to have the right to certain information in relation to a prisoner in their case, including the date of release, and to make representations to the Parole Board for Scotland relating to the licence conditions of a person’s release, as set out under ‘Victim Support’ on Page 7 of this document.

Extend automatic early release to long term prisoners serving extended sentences

• Extended sentences can be imposed by a court at sentencing by combining a prison term with a further period of mandatory supervision in the community following release.
• This change would mean these individuals would serve an additional period of supervision in the community, subject to licence conditions, before starting their extension period.
• This would align release processes across the long-term prisoner population.
• The “extension period” of the sentence would not be impacted by the measure and these individuals would still serve that period in full – under supervision and licence conditions.

Short-term prisoners

Current position

Short-term prisoners are currently defined as those serving less than four years, and long-term prisoners are defined as those serving four years or more.

Our proposals

Change the definition of short-term prisoners

• Short-term prisoners would be defined as those serving less than five years, rather than those serving less than four years.
• This would more closely align with sentencing powers where a sheriff can give a custodial sentence of up to five years in solemn cases.
• Short-term prisoners are entitled to request voluntary throughcare support from their local authority or third sector support organisations.
• Victims registered for the Victim Notification Scheme would continue to have the right to certain information about a prisoner in relation to their case, including the date of release.

Victim support

Victim notification when prisoners are released

• Victims of offenders sentenced to a period of imprisonment are able to receive information about the release of an offender, and some victims may make representations when decisions are made on release on licence for those sentenced to imprisonment for 18 months or more.
• Under the Victim Notification Scheme, victims can receive certain information about a prisoner in relation to their case, including the date of release.
• Victims can also make written representations to the Parole Board for Scotland regarding its consideration of whether to release the relevant prisoner, and about the licence conditions that might be specified.
• Victims are informed if the person relating to their case is released, and of any licence conditions that relate to contact with the victim or the victim’s family.
• A victim may also nominate a prescribed victim support organisation (VSO) to receive information under the VNS on their behalf, or as well as themselves.
• If you wish to join the Victim Notification Scheme, the Crown Office and Procurator Fiscal website has information on eligibility, how the Victim Notification Scheme works and how to register.
• Prisoners are not told if a victim registers with the scheme.
• The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 contains a range of reforms to the VNS, focused on delivering a more person-centred and trauma-informed scheme.

Consultation proposals

• We will continue to work with VSOs to make sure victims can access information and support.