Official Report 1136KB pdf
The next item of business is a statement by Angela Constance on Scotland’s prison population.
14:25
In my previous statement on the issue to Parliament in May, I set out the challenge that we face in addressing the prison population and the need for immediate and continued action. The difficult but necessary step of emergency release over the summer had an immediate impact. The population reduced from 8,270 to just below 7,900, and the risk to the safe operation of our prisons was temporarily averted. As I highlighted in May, the impact was expected to be temporary, and that has proved to be the case. The population has continued to rise and has once again reached critical levels. As of this morning, there are 8,322 people in custody, 27 per cent of whom are on remand.
This is not just about the numbers; it is also about the complex needs of the population and the persistent pressures on prison staff. I remain grateful to Scottish Prison Service staff for their continued resilience. I have seen at first hand their excellent work to maintain positive relationships in prisons and their ability to find solutions. The latest projections through to January 2025 indicate that the prison population will likely continue to rise. Without intervention, that would take us into an unsustainable position, and we cannot and must not allow that to transpire.
Over the past decade, the average length of prison sentences has increased, and there has been a consistently high remand population. There is no single lever to address that on-going rise, so we must continue to pursue a wide range of actions. Since my previous statement, the implementation of the Children (Care and Justice) (Scotland) Act 2024 and the transfer of all under-18s to secure care has freed up additional capacity at HMP Polmont. In addition, the Scottish Prison Service continues to maximise all available remaining capacity across the estate. Despite those efforts, those actions will only provide very short-term relief if population trends continue.
There is continued focus on optimising the use of home detention curfew. The number was reduced by emergency early release, and it is now rising again. It is currently around 107. I can confirm plans to lay regulations later this year to enable GPS technology to be used to monitor individuals being released on home detention curfew. Subject to parliamentary approval, those regulations will come into force in January 2025.
There are high levels of use of electronic monitoring. More than 2,100 people are being monitored on any given day, with electronically monitored bail now available in every local authority area. We are increasing our investment to address that significant challenge. In addition to the 10 per cent uplift in the Prison Service resource budget, we increased our funding to community justice by £14 million this year to further strengthen alternatives to custody. Building that capacity takes time, but recent statistics show a marked and sustained increase in the use of diversion from prosecution, structured deferred sentences and bail supervision. Those actions are having an impact and have reduced the growing population from where it would be without them. However, it is evident that further action is necessary across the justice system.
The independent functions of the justice system and decision making across it will always be fully respected. However, it is vital that partners collaborate to ensure that the system works effectively and in the shared understanding of the critical risk that an increasing prison population poses to the entire justice system. The Lord Advocate will update the Parliament after my statement, in her role as the independent head of the systems of criminal prosecution and the investigation of deaths. I am grateful to the Lord Advocate for her leadership and engagement on this important issue.
In my previous statement to the Parliament on the issue, I set out our intention to look at how we manage the release of long-term prisoners, and to consult on proposals for legislative change. The responses to our consultation, which sought views on bringing forward the point at which most long-term prisoners are released automatically, were thoughtful and constructive. An analysis of the responses has been published today. There is notable support for increasing the time that some long-term prisoners spend in the community under supervision as part of their sentence, and recognition of the benefits that that can bring. However, there are also concerns that changing the long-term prisoner release point at pace would present significant practical difficulties.
The need for any changes to take effect quickly prompted an exploration of alternative approaches. I noted with interest proposals from the Institute for Government in July, which included the option to change the release point for certain prisoners from the halfway point of their sentence to either 45 per cent or 40 per cent of it. The United Kingdom Government has recently implemented the latter, with a reported 1,700 released in September and more to come.
Although our justice systems are not the same, I intend to pursue a similar policy to change the point at which most short-term prisoners are released from 50 per cent of their sentence to after 40 per cent of their sentence has been served. That proposal would come with statutory exclusions in relation to domestic abuse and sexual offences, recognising the particular concerns that will arise about such offences. That will require primary legislation, which I plan to introduce in November. I will ask the Parliament’s permission to progress that on an emergency basis.
I remain committed to considering changes to the long-term prisoner release point and will seek subordinate legislation making powers in the bill that I intend to introduce to allow us to return to that issue. The immediate focus of the bill, however, will be on changing the release point for short-term prisoners. Short-term prisoners are those who are sentenced to less than four years in prison and are generally not subject to supervision on release. Therefore, that approach would result in relatively small changes to release dates, as well as avoiding some of the complexities that were highlighted in the consultation.
My intention is that any changes to the release point would apply to those who are already in custody in order to allow for there to be both an immediate and sustained impact on the prison population. We estimate that the new release point, after being implemented, could result in the prison population being between 260 and 390 lower than it would be without any changes being made. That will not resolve the prison population issue by itself but, importantly, it would be a sustainable action, rather than a temporary measure.
I very much recognise the concerns that arise from victims and their families and I am committed to working closely with victim support organisations. Public safety remains paramount, which is why I am focusing only on short-term prisoners, with built-in exemptions.
Although actions that can deliver a sustained reduction in the prison population are a priority, it is vital that plans are in place should the prison population reach the point at which more immediate action is needed. At this stage, it is not my intention to ask the Parliament to authorise the use of emergency early release again. However, I am aware that, if it is necessary and there is no alternative, it may be needed. Therefore, we will begin contingency planning on that option, working with key delivery partners, including victim support organisations, to learn from the emergency early release during the summer. We will ensure that plans are robust, with a clear focus on public protection.
I have outlined the vital steps that we must take towards addressing the rising prison population. I am, however, clear that further and deeper action will be needed. The challenges that we face are complex, and there is no single or straightforward solution. Of course, we must continue to tackle crime, building on the fact that recorded crime is down by almost 40 per cent since 2006-07. We must also continue to strengthen community justice. Community-based interventions and sentences help to ensure that justice is done, and they can be more effective than short-term custodial sentences in reducing reoffending and assisting with rehabilitation.
The safety and wellbeing of SPS staff and those in their care must remain at the forefront of our actions to ensure that prisons continue to function effectively. In addition, we must ensure that we have a prison estate that houses those who pose the greatest risk to the public, and which provides the full range of support that people need to enable them to leave on a better path and never turn back.
That will require a collective response, but it is necessary to deliver what we all want: less crime, fewer victims and safer communities.
The cabinet secretary will now take questions on the issues raised in her statement, for which I intend to allow about 20 minutes, after which we will move on to the next item of business. I encourage members who wish to ask a question to press their request-to-speak button if they have not already done so.
When I previously held the justice brief, between 2017 and 2021, I recall frequently discussing the ballooning prison population and what to do about it, yet today that population is at record highs and, as the cabinet secretary conceded, it is projected to continue to rise. In coming back to the brief, what strikes me is that, despite promises that were made several years ago, there is still no long-term holistic strategy and route map to address the prison system, within the principles of justice and with due regard for victims, which would avoid panicked measures from the Government. I find it extraordinary that 17 years of Scottish National Party justice secretaries have failed to strategise a proper plan. Will the cabinet secretary confirm that a plan will be published this side of the 2026 election?
In 2015, when Nicola Sturgeon announced the end of automatic early release, she said that doing so represented
“the Scottish Government delivering on our justice commitments”.
The cabinet secretary proposes to reintroduce such a provision, although it will deal with short-term prisoners and not even account for the release point for long-term prisoners. That will undermine our justice system and sentencing and throw victims under a bus. Does the cabinet secretary concede that she is abandoning her justice commitments in favour of a panicked response to the Government’s long-term failures?
Finally, given that only 2 per cent of victims were notified during the previous panicked response to overcrowding by the Government, what figure for victim notifications does the cabinet secretary believe would represent success when the new scheme comes into play?
I welcome Liam Kerr to his new role, and I look forward to working with him in a constructive, serious and considered manner. He has never worked with me before, but I assure him that I have little appetite for posturing, pedantry or ideological narratives that deny the rationale of following the evidence about what will work to make our communities safer.
I also say to Mr Kerr that working at pace is not the same as being panicked. I have made several statements to the Parliament, and I am happy to share them with him so that he can get up to speed in returning to his justice brief. Over that time, I have outlined a range of short-term, medium-term and longer-term measures.
Mr Kerr will recall that his previous UK Conservative Government, in a somewhat secretive fashion, released 10,000 prisoners between October 2023 and July this year. I have been utterly up front, because it is not in my DNA to be panicked, and because, as justice secretary, I am absolutely determined to see these measures through in order to reform our justice system. Yes, that means reforming our prison system, but we have to remember that that is essential if we are going to meet our ambition of putting victims at the very heart of the system.
On long-term prisoners, the consultation made clear the rationale in relation to community safety for people to spend longer under robust community sentencing.
If Mr Kerr wishes, and if it is helpful to do so, I will provide an overview of all our plans in that area.
We welcome the announcement of regulations to enable GPS technology for home detention curfew, but regulations have been in place for a number of years to allow GPS when an accused is on bail and the systems are still not in place to enable that to happen. Has the cabinet secretary now given instructions for the private company to carry out the work that is needed for GPS to be used, which we have for some time been calling for?
We welcome the extra £14 million for community justice, but the Criminal Justice Committee was told yesterday that that covers only the effect of inflation.
We now know that only five victims were informed in relation to the 477 releases over the summer, and the reoffending rate was 12 per cent. When the cabinet secretary announced the early release scheme, I asked her to exclude violent offenders, given the lack of appropriate systems of support and planning, the lack of victim notification and the higher risk from that particular group of prisoners. What lessons has she learned, and what consideration is she giving to prioritising offenders who have been convicted of non-violent offences?
I very much welcome Ms Clark’s support for and endorsement of the use of home detention curfew. We have made considerable progress in the planning work that is necessary for that and we are engaging closely with the contracting company that will deliver the technology. There are also operational aspects for the Scottish Prison Service to address.
As Ms Clark is aware, there are particular advantages to using GPS. We want to learn lessons from south of the border; for example, we will not be tethering people to the wall so that they can charge their tag—that is one vital lesson. There is considerable value in piloting GPS in the context of home detention curfew before rolling it out to other facilities and modes of supervision. Our use of electronic monitoring continues to increase, with more than 2,000 people being monitored across all orders.
On the important point about victim notification, which Mr Kerr also raised, I make it clear that I will work closely with victims and victim support organisations on the prisoner bill. We must ensure that our justice system, including the use of imprisonment, delivers first and foremost for victims of crime, as well as in regard to rehabilitation to prevent further harm, which is, of course, in victims’ interests.
I share Ms Clark’s disappointment that the number of people who were formally notified through the victim notification scheme was low. I remain committed to increasing awareness of the scheme and to doing everything that I can, in partnership with VSOs, to increase registration. I draw members’ attention to the fact that the Minister for Victims and Community Safety published yesterday our response on how we can make important improvements to victim notification schemes. We will use the Victims, Witnesses, and Justice Reform (Scotland) Bill as a vehicle to do that.
I have 10 colleagues who wish to ask a question, and we now have less than 13 minutes. The questions will need to be briefer, as will the cabinet secretary’s responses.
Under the proposals that have been outlined, the number that is to be released early is relatively small compared with the overall prison population. Is the cabinet secretary confident that this can make a long-term difference?
I have wrestled with that issue. It was important to consider the measure in the round with other measures. I am confident that the numbers are high enough to make a difference—there is an anticipated reduction of between 260 and 390 prisoners—but it is not a step that must be taken on its own. It is a significant enough step in its own right, but it must be combined with other actions. The number could have been higher, but I have decided that, in the legislation that I will introduce in Parliament, statutory exclusions should be made for those who are serving sentences for domestic abuse and sexual offences. I hope that that is the right balance.
The SNP Government has so far failed to get to grips with the rising and overwhelming prison population. Meanwhile, community justice, which would deal with offenders without putting further pressure on prisons, is also being failed by the SNP. Justice social work needs more funding and more resources to deal with work demands and increasingly complex case loads, but the Government’s spending priorities are not fully in line with its announced objectives. If the Scottish Government is serious about using community sentencing to alleviate pressure on the prison population, can the cabinet secretary confirm that the required funding will be directed towards it?
I look forward to Ms Dowey’s amendments as we go through the budget process, and I look forward to her continuing to advocate for additional resources for our prison estate and for criminal justice social work. I am proud that it was this former criminal justice social worker who delivered a substantial increase in the resources that are available to our community justice services. I am also proud that recent statistics show that the number of community criminal justice social workers has increased.
It is unfortunate that Ms Dowey does not remember the austerity and harm that were inflicted by her Government, not least in terms of capital budgets. I am glad that she has repented, and I look forward to her full support during the budget process.
Can the cabinet secretary say more about how the Scottish Government will ensure that victims and organisations that represent victims are consulted on the proposed legislation? How will victims and their families be informed of the release of prisoners, if and when that happens?
I know that changes to release processes can be really upsetting and distressing for victims. Clear and accurate information for victims is essential so that they understand whether and how the prisoner in their case might be impacted by such changes.
I will work closely with victim support organisations to ensure that clear information is available to them. I will continue to do so when the legislation is introduced and—subject to agreement by Parliament—ahead of any changes being made. I am pleased to say that information is also available through the Scottish Government website, which sets out my proposals and the rights that victims have to access information about their case.
Cabinet secretary, you have announced a substantial change in prison policy with the release of short-term prisoners who are 40 per cent into their sentence. I am sure that you will agree—
Speak through the chair.
—that that will concern victims unless it is addressed by Government investment in relation to reoffending rates. Fifty-seven out of the 477 prisoners who were released early in the summer are back in jail. What can the cabinet secretary say about whether further investment is to be made to ensure that the policy will not result in further reoffending cycles?
It is important to recognise that, generally and globally, reconviction rates in Scotland are among the lowest that they have been, although I accept that no level of reoffending is acceptable in any shape or form. The return rate from the early emergency release that was undertaken over the summer was 12 per cent. That is significantly lower than comparable rates of the return to custody of short-term prisoners.
It is an important issue. Investment in the Scottish Government’s public services, both overall and in justice, will in large part depend on the Chancellor of the Exchequer’s forthcoming statements. Again, I look forward to cross-party support for our justice budget in the weeks and months to come.
Prisoners on remand make up around a quarter of the prison population, which seems an unacceptable level. Will the cabinet secretary expand on the steps that have been taken to improve alternatives to custody for those who are waiting to go to court?
I very much agree that the remand population is too high. I believe that that is the consensus of opinion across the chamber.
As I said in my statement, the remand population makes up 27 per cent of the prison population, which equates to 2,247 prisoners. The consistent provision of alternatives to remand is absolutely critical, and we are working hard with partners to increase the availability, consistency and effectiveness of those alternatives. Bail supervision is available in every local authority and there is good investment in it and in electronic monitoring. We will build on that as we go forward with the new third sector contract for throughcare.
I have previously raised the important issue of post-release support for people, given the heightened risk of death by suicide and substance misuse following release. Is the cabinet secretary of the view that community justice services, mental health services and broader community support organisations have sufficient skilled staff and the required resources to ensure that, with the earlier release point for short-term prisoners, they can properly support the latter and the communities that receive them?
Ms Chapman is quite correct to raise the risks of any period of transition for any individual. Those of us who have lost a client due to suicide or drug death know the impact of that, not least on their family. As she will know, it is imperative that all long-term prisoners be subject to statutory supervision and that voluntary aftercare be available to those who are released from short-term periods of custody. That also speaks to the importance of third sector support, which is why we are launching a new third sector contract for throughcare services next year.
I thank the cabinet secretary for her statement. She stated that the average length of prison sentences has increased by 32 per cent. Does that increase apply to long-term sentences or has there been an increase in short-term sentences, including in those of under one year?
We have established that an increase in the length of sentences is taking place across pretty much all sentenced prisoner groups. That is not the only pressure, but it is one of the reasons why the population is increasing.
With the introduction of the presumption against short sentences—an action that was recently emulated south of the border—there has been a reduction in the proportion of sentences issued of under a year. However, the proportion still remains high. We still have hearts and minds to win, and the evidence takes us to the fact that alternatives to custody reduce the risk of reoffending.
I agree with that. As a Liberal, I believe that alternatives to prison are far more effective, not just because the prisons are full, but because we have had, of necessity, a series of short-term emergency measures. The cabinet secretary referred to further longer-term measures. What are those measures and by when will they be implemented?
I reassure Mr Rennie that I am in this for the long haul. I will see prison reform through. Although reform of the Prison Service is also vital for the sake of those in our care and for the staff who diligently put themselves on the front line for us, I fundamentally believe that reform is necessary to achieve and maintain even safer communities. Having safer communities and supporting victims are not mutually exclusive if we have a well-functioning, efficient and effective prison service. I will see that reform through, and I look forward to the challenge to the Government that will no doubt come from Mr Rennie.
We have platforms of reform to build on, including the presumption against short-term sentences and the work that we have done on community payback orders, electronic monitoring and bail and release. I include the Children (Care and Justice) (Scotland) Bill, which I am pleased to say that Mr Rennie and the Liberals supported, unlike some others in the chamber.
We have two colleagues still to go. We will get them both in if the questions and responses are brief.
I appreciate that there is a limited deployment of millennium-era technology to monitor individuals in the community, but what consideration has been given to the use of artificial intelligence to monitor not only location but health, wellbeing and mental health and to support learning and skills development?
Mr Golden raises a good point—there are technological solutions to not only the supervision of offenders but access to learning. Indeed, in relation to some of the reforms that have taken place within the prison system, dare I mention in-cell telephony? In time, that could be used to facilitate more digital learning and digital support for prisoners.
It is clear that longer-term measures and thinking are needed to tackle why we have such a high prison population compared with many other countries. Does the cabinet secretary believe that the penal review that she is to establish will be able to recommend changes that Parliament can agree to?
Yes, I am very hopeful that that will happen. I agree about the importance of long-term strategic thinking on the issue and of us all having the courage of our convictions—and the courage to follow the evidence about what works. What will make our communities safer at the end of the day is evidence-led policies and interventions, not politically inspired rhetoric.
The independent review of sentencing and penal policy will provide a further opportunity not to repeat but to build on the work of previous commissions. In particular, it will look at the existing barriers that are in the way of our motoring on with the reform of not just our prison system but our wider criminal justice system, all of which is crucial if we are to achieve our ambition of putting victims at the very heart of our justice system.
Thank you. There will be a brief pause to allow front-bench members to change seats before we move to the next item of business.
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