Penal Reform: working towards a sustainable prison population – Consultation
This consultation seeks views on a set of proposed reforms to the criminal justice system in Scotland, building on the recommendations of the Sentencing and Penal Policy Commission and seeking to reduce the demand for prison places where appropriate.
Open
56 days to respond
Respond online
Footnotes
1 Occasional paper: Long-term drivers of and changes in the prison population - gov.scot
2 The Presumption Against Short Periods of Imprisonment (Scotland) Order 2019
3 Prison stock on 31 January 2025 - Council of Europe Annual Penal Statistics
4 Scottish prison population projections: October 2025 - gov.scot
5 Justice That Works: Report of the Scottish Sentencing and Penal Policy Commission
6 Meeting of the Parliament: 12/02/2026 | Scottish Parliament Website
7 Reconviction Rates in Scotland: 2021-22 Offender Cohort - gov.scot
8 Criminal Procedure (Scotland) Act 1995: section 204
10 Consultation on Proposals to Strengthen the Presumption against Short Periods of Imprisonment
12 Criminal proceedings in Scotland 2023-24
13 Custodial sentences of twelve months or less and the prison population - April 25
14 Justice That Works: Report of the Scottish Sentencing and Penal Policy Commission
15 The term “sentencer” is used in this document to describe judges presiding over criminal cases in any court, including judges in the High Court, sheriffs principal, sheriffs, summary sheriffs, and justices of the peace.
16 Criminal Procedure (Scotland) Act 1995
17 Justice Social Work Statistics in Scotland: 2023-24 - Part 2
19 Independent Sentencing Review: Final report - GOV.UK
20 With the exception of a number of exclusions as set out in The Prisoners (Early Release) (Scotland) Act 2025
21 Criminal proceedings in Scotland 2023-24
24 Journey Times in the Scottish Criminal Justice System 2024-25 - gov.scot
25 Criminal Proceedings in Scotland: 2023-2024 - gov.scot
26 Supporting documents - Criminal Proceedings in Scotland: 2023-2024 - gov.scot
27 COVID-19 AND SOLEMN CRIMINAL TRIALS - discussion paper - April 2020
29 National Strategy for Community Justice
30 The Vision for Justice in Scotland - gov.scot
31 Framework for CPOs at sections 227A to 227ZO, and Schedule 13 of the 1995 Act
32 Justice Social Work Reports and Court-based Justice Social Work Services Practice Guidance
33 Community sentences | Scottish Sentencing Council
34 Safer Communities and Justice Statistics Monthly Data Report March 2026
35 PBNI - Probation Board for Northern Ireland
36 Justice That Works: Report of the Scottish Sentencing and Penal Policy Commission using data from Justice social work statistics: local authority time series tables - gov.scot
38 SSC report – Judicial perspectives of community-based disposals
39 SWS-Written-Evidence-CJS-Substance-Use-.pdf; Justice That Works: Report of the Scottish Sentencing and Penal Policy Commission; Literature Review; Preventing Harm, Promoting Recovery: Scotland’s Alcohol & Drugs Strategic Plan; The National Drug-Related Deaths Database (Scotland) Report, Public Health Scotland, 2024; Scottish Crime and Justice Survey 2023/24, Scottish Government, 2025.
40 Preventing Harm, Promoting Recovery: Scotland’s Alcohol & Drugs Strategic Plan
43 Drug and alcohol misuse may also be addressed through a CPO with supervision and/or conduct
44 Drug Testing and Treatment Order (DTTO) - Community Justice Scotland
45 Scottish Sentencing Council Orders | Scottish Sentencing Council
46 Drug treatment and testing orders (DTTOs) - Justice Social Work Statistics in Scotland: 2023-24
47 Reconviction Rates in Scotland: 2021-22 Offender Cohort - gov.scot
50 scottishsentencingcouncil.org.uk/media/ncklyckq/20211028-judicial-perspectives-of-community-based-disposals-ssc-issues-paper.pdf; Community Payback Order Summary of Local Authority Annual Reports: 2024-25 - Community Justice Scotland; Main results - Community sentencing options for people with substance use problems: review findings summary - gov.scot
52 Justice Social Work Statistics in Scotland: 2024-25 – Part 2 - gov.scot
53 Criminal Procedure (Scotland) Act 1995: section 23B(1)
54 Criminal Procedure (Scotland) Act 1995: section 23B(1A)
55 Criminal Procedure (Scotland) Act 1995
56 Criminal Procedure (Scotland) Act 1995: section 23B
57 An Inquiry into the Use of Remand in Scotland
58 Safer Communities and Justice Statistics Monthly Data Report March 2026
59 Decision-making on Bail and Remand in Scotland Final Report December 2023
60 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.
61 Armstrong, S., Allan, L., Cobain, R. et al. Nothing to see here? Deaths in custody and their investigation in Scotland – 2024. 2025.
62 Justice That Works: Report of the Scottish Sentencing and Penal Policy Commission citing SG statistician showing 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.
63 This followed recommendations made by the Carlisle Committee and the committee which determined that those serving shorter sentences did not need to be subject to discretionary or supervised release. It was the Committees’ view that discretionary release is more relevant to sentences where change can be meaningfully assessed over a longer period and that resources should be concentrated on those released from longer sentences for more serious offences.
64 Justice Social Work Services: national throughcare guidance - gov.scot
65 Long-term Prisoner Release Process: Consultation
66 Supporting documents - Long-term prisoner release process: consultation analysis - gov.scot
67 Criminal Procedure (Scotland) Act 1995
68 Mapping Overcrowding in European Prisons (2025)
69 Prisoners sentenced for an offence of 6 months or more and are subject to the Sex Offender Notification Requirements are required to be released on licence.
70 Custodial sentences - Criminal Proceedings in Scotland: 2023-2024 - gov.scot
72 Community Payback Order Summary of Local Authority Annual Reports: 2024-25 - Community Justice Scot…