Meeting of the Parliament 25 June 2025
I will confine my remarks tightly and strictly to the substance of the statutory instrument that is before us tonight.
I thank the Parliament clerks and Criminal Justice Committee members for accommodating the scrutiny of this SSI with only the minimum period of 40 days. I trust that Parliament will support the proposals, which will allow completion of the SSI process before recess. That will ensure that the Scottish Prison Service, justice social work and partners have increased time to prepare for the proposed changes that will come into force on 20 October.
The planned changes are a programme for Government commitment for 2024-25 that contribute to the efforts to effectively balance the use of custody and community alternatives while supporting a sustainable prison population. Home detention curfew is a well-established part of our justice system that provides a structured and managed transition for individuals being released back into the community. Indeed, the legislation that home detention curfew is located in is the Prisoners and Criminal Proceedings (Scotland) Act 1993, which was introduced by a former Tory Government—I appreciate that that was in 1993, when I was at my work as a social worker and Mr Kerr was perhaps still at school.
The evidence shows that managed reintegration is far more effective than unplanned releases. It is also important to put on the record that release on home detention curfew is underpinned by individualised risk assessment and includes clear licence conditions, including a curfew and electronic monitoring. There is no automatic right to home detention curfew. Decisions on HDC release are made by the SPS following careful consideration of each case, including evidence provided by justice social work and Police Scotland. I reassure members that the SSI does not alter any of the aspects of risk assessment in the HDC process. It does not alter any of the statutory exclusions in any shape or form.