Short-term prisoner release point: responses to targeted consultation

Response from South Lanarkshire Council/Health and Social Care Partnership

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

South Lanarkshire Council, informed by the advice of the South Lanarkshire Community Justice Partnership, recognises that addressing Scotland’s unsustainably high prison population will require a range of complementary measures. Adjusting the automatic early release point for certain short‑term prisoners to 30% represents one measure that may contribute to easing pressure on the prison estate in the short term. That said, the Council is clear that these arrangements must remain exceptional and time‑limited, and not become an established means of managing prison population pressures.

The Council considers it essential that any changes are clearly communicated and implemented as part of a public‑protection‑led approach that maintains public confidence in the justice system.

The Council also notes the Partnership’s view that the most sustainable progress is likely to come from continuing to reduce the use of short‑term sentences in the first instance, supported by increased use of effective community‑based alternatives such as bail supervision and electronic monitoring, where appropriate. These approaches provide opportunities to support rehabilitation, reduce reoffending and strengthen longer‑term community justice outcomes.

In relation to housing, the Council recognises that the impact of earlier release will vary depending on individual circumstances. For those with settled accommodation to return to, earlier release can support tenancy sustainment and help prevent rent arrears from accruing. For individuals who require accommodation on release, earlier release highlights the importance of ensuring that housing and support pathways are well aligned.

This is particularly relevant in the context of South Lanarkshire Council’s declared housing emergency and the Scottish Government’s declaration of a national housing emergency, both of which underline sustained and severe pressure on housing systems. Even with strong partnership arrangements in place through the Sustainable Housing on Release for Everyone (SHORE) standards and early housing options work, an earlier release point reinforces the need for continued collaboration and capacity‑building to meet demand in a planned, safe and person‑centred way.

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

South Lanarkshire Council supports the exclusion of individuals serving sentences for domestic abuse and sexual offences from the proposed changes, recognising the central importance of public protection, victim safety and maintaining public confidence in justice outcomes.

At the same time, informed by the Community Justice Partnership, the Council highlights the potential value of continuing to develop tailored, evidence‑based approaches that support desistance while maintaining robust safeguards. Where appropriate and subject to thorough risk assessment, there may be opportunities to strengthen individualised planning linked to enhanced community‑based monitoring and structured engagement with accredited programmes, such as the Caledonian System or Moving Forward: Making Changes.

The Council considers that similar proportionate, risk‑informed principles can support the effective management of individuals convicted of violent offences where serious harm or public protection risks have been identified, ensuring responses remain focused on safety, rehabilitation and the long‑term reduction of reoffending.

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

South Lanarkshire Council considers that equivalent changes should apply to children detained in secure accommodation, ensuring consistency and fairness between children sentenced to secure care and adults sentenced to short‑term imprisonment.

Reflecting the advice of the Community Justice Partnership, the Council emphasises the importance of expanding robust, trauma‑informed community‑based alternatives that reduce reliance on secure care and custody wherever possible. Secure care and short‑term imprisonment should be used proportionately and only where necessary to manage a significant risk of serious harm.

The Council highlights the importance of strong, coordinated planning across children’s services, youth justice and education to support earlier release. Ensuring appropriate accommodation and support - particularly for young people aged 16 and over - will be essential to promoting stability, wellbeing, public protection and positive long‑term outcomes, in line with GIRFEC principles.

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

South Lanarkshire Council considers that custody should be used proportionately and primarily where there is clear evidence of a risk of serious harm to the public. The Council notes the Community Justice Partnership’s view that community‑based responses often provide more effective opportunities to address the underlying issues associated with fine default and contempt of court, while supporting compliance and public confidence.

Applying the proposed changes to this group may offer benefits by reducing time spent in custody and supporting earlier reintegration into the community. For individuals with stable accommodation, earlier release can help maintain housing, employment and family links.

For those who require accommodation on release, earlier release reinforces the importance of early engagement, SHORE‑aligned planning and close coordination between justice, housing and support services. Continued alignment of resources and capacity across the system will support timely access to suitable accommodation and minimise reliance on emergency options.

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

South Lanarkshire Council recognises the significant pressures currently facing the Scottish Prison Service and acknowledges that, in the short term, transitional and time‑limited measures may be required to manage an unsustainable prison population safely and lawfully. In this context, the Council considers that the proposed transitional approach is a pragmatic and proportionate operational response that can support a managed reduction in prison numbers.

The Council also considers that how these measures are communicated publicly is critical. Clear, consistent messaging from Government that explains the safeguards in place, the temporary nature of the arrangements and the wider system context is essential to maintaining public confidence. Public anxiety about early release should be acknowledged and addressed transparently, particularly given the cumulative use of exceptional measures in recent years.

The Council welcomes the opportunity this phased approach provides to plan effectively across local services and partnerships. Commencing the new arrangements only after the conclusion of the current emergency early release programme, and introducing changes gradually, will help ensure service stability and support effective coordination across housing, justice social work and partner organisations.

The Council is clear that these arrangements must remain exceptional and time‑limited, and not become an established practice in place of sustainable, whole‑system reform.

Question 6: Do you have any other comments?

In line with the advice of the Community Justice Partnership and COSLA’s consistent position, South Lanarkshire Council emphasises the importance of pairing short‑term operational measures with a clear, funded and deliverable medium‑ to long‑term strategy. This should focus on reducing reliance on short‑term sentences, expanding effective community‑based alternatives, strengthening throughcare and post‑release support, and fully embedding the SHORE standards.

Ensuring that local authorities and partners are appropriately resourced across the justice, housing, health and social care system is critical, recognising that early release arrangements - and public confidence in them - depend on the effective functioning of multiple public services beyond the prison estate.