Short-term prisoner release point: responses to targeted consultation

Response from NHS Highland / Highland Health & Social Care Partnership

NHS Highland / Highland Health & Social Care Partnership response is based upon, and reflects its statutory to delivery of healthcare to people in prison custody, and provision of health and social care upon release.

Question 1: What are your views on changing the release point for certain short term prisoners to 30%?

From a healthcare perspective, earlier release to 30% presents both opportunities and risks. A shorter custodial period can reduce the negative health impacts associated with imprisonment and may support better recovery, stabilisation and reintegration if adequately planned. Many individuals in custody have high levels of unmet health needs; reducing time in custody may minimise disruption to treatment and community supports. However, a shorter sentence significantly reduces the time available for healthcare assessment, treatment initiation and release planning. To avoid compromising continuity of care, sufficient notice, strengthened multi agency coordination and robust transitional arrangements must be in place. With these safeguards, earlier release can be supported safely. Adult Social Work services support the health care perspective. There may be a risk of some therapeutic interventions being incomplete that cannot be replicated in a community setting but sufficient notice should assist in the management of planning for completing programmes.

Question 2: What are your views on excluding those serving sentences for domestic abuse and sexual offences?

The health board supports this exclusion. Individuals convicted of domestic abuse or sexual offences typically require longer, more structured intervention programmes and more intensive clinical and psychological risk assessment. Maintaining their release point at 50% ensures adequate time for engagement in treatment, stabilisation of mental health and the development of safe release plans aligned with public protection requirements. This exclusion is therefore clinically and ethically appropriate.

Question 3: What are your views on making equivalent changes for children detained in secure accommodation?

Children in secure care have complex and often multi agency needs. While earlier release can support improved outcomes, it must not come at the expense of adequate planning. Reducing the time available for assessment and preparation increases the risk of gaps in mental health intervention, neurodevelopmental support and safeguarding pathways. The health board supports equivalent changes only where planning capacity is assured and where health, social care, social work, education and justice partners can complete high quality reintegration planning within a shorter timeframe.

Question 4: What are your views on the changes applying to short term prisoners serving sentences for fine defaults and contempt of court?

The health board supports equivalent changes for this cohort. Individuals imprisoned for fine default or contempt typically serve very short periods, during which meaningful healthcare engagement is difficult. Earlier release reduces unnecessary disruption to prescribing, mental health care and community supports. With proportionate release planning and clear arrangements for continuity of care, this change would likely improve overall health outcomes.

Question 5: What are your views on the proposed transitional approach to initial releases?

A phased transitional approach is essential to ensuring safety and service continuity. Sudden increases in release volumes could overwhelm community mental health services, primary care, addiction treatment and third sector supports. Phased implementation allows prison healthcare teams to complete clinical handovers, medication continuity arrangements and referrals systematically. The health board strongly supports a managed roll out with clear communication and predictable notice periods.

Question 6: Do you have any other comments?

Early release must be accompanied by strong multi agency planning and adequate capacity within community services. Individuals leaving custody face significantly elevated risks—including drug related death, suicide, relapse, homelessness and mental health crisis. Ensuring continuity of medication, access to primary care, addiction treatment and psychological support is vital.