Short-term prisoner release point: responses to targeted consultation

Response from Police Scotland

Bex Smith, Deputy Chief Constable

Thank you for your letter dated the 3 December 2025 in relation to the proposed change to the automatic early release of certain short-term prisoners and for the opportunity to respond and provide feedback.

Police Scotland recognises the significant challenges associated with the increasing prison population in Scotland and recognises that any changes to the criteria for the early release of prisoners is a matter for the Scottish Government and the Scottish Parliament.

However, it is important to highlight that the earlier release of prisoners has already created additional and immediate demands on policing, wider criminal justice partners and public services. This increased demand on policing relates to risk management, safeguarding, managing community impact and responding to reoffending. This is at a time when policing is facing a range of increasing demands and complex emerging threats, whilst officer numbers are fewer than in previous years.

This increased demand extends to other public services including, health, housing, and justice social work with many people who are released from prison requiring support and intervention.

It is important to recognise there needs to be effective intervention and support services available for prisoners being released to support their integration back into the community and to assist in addressing the causes of their offending behaviour.

If other public services and stakeholders cannot provide this support, through funding and resource challenges then it becomes difficult in many cases to break the cycle of re-offending.

Given the vulnerabilities associated with many child offenders and the complex causes of their offending behaviour, it is of particular importance that support services are readily available for children who are being released.

I also think it is important to consider whether evidence exists that the early release of prisoners contributes to sustainable reduction in the prison population. I have yet to see the data and trend analysis which shows these measures will have a short and long-term impact on this chronic issue.

I note your points about public and victim safety, and we must also include public and victim confidence in policing and the wider justice system.

Police Scotland remains committed to engaging with and supporting partners in addressing the prison population in Scotland. Whilst we will continue to robustly tackle serious criminality and apprehend those that present the greatest threat to the communities of Scotland, we are also committed to ensuring a proportionate approach and already support a wide range of alternatives to prosecution.