Short-term prisoner release point: responses to targeted consultation

Response from the Care Inspectorate

Jackie Irvine, Chief Executive

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

We note that shifting the balance between custody and justice in the community is a Scottish Government priority. The announcement on 3 February 2026 described the need to reduce the prison population as ‘critical’.

In our 2024 Prison-based social work thematic review^[1] we noted that the systemic pressures within the current prison system impacts on the capacity of prison based social work services to deliver services effectively and timeously.

In our previous 2022 response to the consultation on Bail and Release from Custody Arrangements in Scotland we noted the following in relation to automatic early release:

• A successful early release to the community is likely to be more achievable when there is access to a range of suitable throughcare supports in the community.
• Effective early release planning needs to carefully consider the unique risks, needs and circumstances of the person.
• Determining an earlier point of release for a short-term prisoner should be subject to the same rigour as other pre-release processes, including if subject to electronic monitoring.
• The assessments undertaken by prison and community based justice social workers are central to such considerations and it is imperative that they have access to sufficient resources to meet demand.

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

Any expansion of the current legislation would require transparent decision-making and robust victim notification mechanisms. The Scottish Government previously excluded these category of offences to avoid discouraging victims from reporting such crimes. Any change to this rationale would require meaningful engagement with victim/survivor organisations, beyond the tight timescales of this current consultation.

We would expect any decision on early release to be underpinned by a shared understanding of the language of risk in accordance with FRAME.^[2]

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

The same considerations would apply for young people as those noted in our response to question 1 above:

• A successful early release to the community is likely to be more achievable when there is access to a range of suitable throughcare supports in the community.
• Effective early release planning needs to carefully consider the unique risks, needs and circumstances of each person.
• Determining an earlier point of release for a short-term detained person should be subject to the same rigour as other pre-release processes, including if subject to electronic monitoring.
• The assessments undertaken by social workers are central to such considerations and it is imperative that they have access to sufficient resources to meet demand.

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

Imposing an original monetary penalty such as a fine following an appearance in court (potentially including for a domestic abuse or sexual offence) would suggest that the sentencer had considered the seriousness of the circumstances and concluded that a custodial sentence was not required. Contempt of court may relate to a wide range of circumstances. However, the imposition of a custodial sentence or period of detention would suggest the sentencer viewed the commission as serious.

We would expect any decision on early release for the subsequent non-payment of fines to be underpinned by appropriate considerations of the circumstances, alongside any potential risk to the community (including previous victims).

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

We are not fully sighted on all the relevant detail so have not commented.

Question 6: Do you have any other comments?

As noted in our previous publications and contribution to HMIPS inspections, we would reiterate that Friday release often acts as a barrier to accessing important support in the community. This can be additionally challenging when the person has to travel some distance to their home area. There is an expectation that the existing provisions within the Prisoner (Control of Early Release)(Scotland) Act 2015 are used appropriately and consistently to promote a successful transition from custody to community. In the longer-term, it would be useful to have a better understanding on any impact from the Extension against the Presumption of Short Sentences and the Bail and Release from Custody (Scotland) Act 2023, in terms of making sustainable shifts in the balance between custody and community.