Sentencing and Penal Policy Commission: terms of reference

Purpose and remit

The purpose of this independent commission is to consider how imprisonment and community-based interventions are currently used in Scotland and ensure that Scotland has a sustainable prison population. The commission will make detailed and actionable recommendations for improvements in how offending behaviour can be dealt with in an effective and proportionate way with the underlying aim of ensuring less crime, fewer victims, and safer communities.   

The remit of the commission will initially focus on community sentencing, bail and remand, and release from custody. It can consider such other areas as it deems necessary in fulfilling its purpose but it should have a primary focus on the criminal justice system when making recommendations. 

The commission will take account of developments in the nature of offending; sentencing practice (including the Scottish Sentencing Council and development of sentencing guidelines); the prison population; and rehabilitation and reintegration since the publication of Scotland’s Choice: The Report of the Scottish Prisons Commission (2008) and the Commission on Women Offenders (2012). 

The commission will not duplicate the work which informed these reports but will instead seek to build on these, to consider why particular recommendations were not taken forward or may not have been sufficiently impactful, and take account of new developments in legislation and practice.   

The commission will not make recommendations regarding the independent functions and decisions of the Lord Advocate and the judiciary, though recommendations may impact on how independent functions are exercised.

The commission will be led by an independent Chair and operate at arms-length from Scottish Ministers and, within the parameters of this terms of reference, it will have autonomy over its work plan. 

Any recommendations made by the commission should refer to potential legislative and/or operational changes which may be required, potential costs, and interaction with other parts of the justice system. 

Further context

The commission will also take account of the principles contained within the Scottish Government’s Vision for Justice in Scotland and the National Strategy for Community Justice, which focus on taking a person centred, rehabilitative approach and encouraging a shift in the balance between the use of custody and justice in the community.

In carrying out its work, the review will embed trauma informed practice and have regard to the views of victims, those with experience of the system, and representative organisations on how best to respect and protect the interests of victims while maintaining the rights of those accused of crime.

Timescales and reporting arrangements

It is anticipated that work will be split into modules, and the Chair will decide how these should be prioritised and develop a work plan including an update within six months of the commission’s first meeting, with a final report and recommendations to be presented to the Scottish Government before the end of 2025. 

The review will engage with stakeholders as appropriate. Work undertaken may make use of Scottish Government analysis which will be provided at the outset of the group’s deliberations.

Once the final report and recommendations have been submitted prior to 31 Dec 2025, the Chair may consider that although the priority modules have been addressed, there are further areas that the commission may usefully consider and provide recommendations. If so, Scottish ministers may consider it appropriate to extend the contract for up to five months, after which point, consideration of any further work would be a matter for the next Parliament. 

Sponsorship

The commission will be sponsored by the Community Justice Division of the Scottish Government. They will advise the Chair and Secretariat on any issues (particularly financial or logistical) which cannot be resolved by the Secretariat.  

Updates by the commission will be submitted to the sponsorship lead within the Community Justice Division in the first instance, though periodic meetings between the Chair and the Cabinet Secretary for Justice and Home Affairs will also be arranged. The commission will engage with Justice Analytical Service in relation to their on-going work on sentencing and penal policy.  

Membership

The review will be led by an independent Chair appointed by Scottish ministers.  

The Chair will provide strategic direction and leadership to the Commission in its development of recommendations for Scottish ministers in relation to improvements to sentencing and penal policy.  

The Chair will be supported by a panel of experts or commissioners who will provide input on the work of the commission, including its priorities, governance, and strategic direction. They will initially be appointed by Scottish ministers in consultation with the Chair.  

Secretariat support

Secretariat support for the review will be provided by the Scottish Government. Relevant officials will report directly to the Chair for the duration of the commission and meet regularly to provide support in taking forward the work plan.