Chamber
Meeting of the Parliament 12 February 2026 [Draft]
12 Feb 2026 · S6 · Meeting of the Parliament
Item of business
Sentencing and Penal Policy Commission
Scottish Labour is concerned about how the public now view sentencing in Scotland’s justice system. There have been constant changes to how long short-term prisoners are kept and to the time that they spend in our jails. Communities are feeling uneasy and are finding it difficult to follow how sentencing works in Scotland. Only a year ago, short-term prisoners served 50 per cent of their sentence. Today, or soon, it will be 30 per cent, and we know that that is driven by high prison numbers.
Over a long time, I have listened to successive cabinet secretaries talk about alternatives to custody. It is fair to ask what groundwork has been done in those 19 years and what long-term thinking has been done over the period, so that the cabinet secretary can confidently say that the Government has robust alternatives to custody.
I thank the Scottish sentencing and penal policy commission for its work, in which it recommends a presumption against sentences of up to two years, potentially, whereas the Government is looking at short-term sentences of a year or less.
If any serious long-term thinking has been done, can the cabinet secretary say with confidence that she will be able to implement the proposal fully and soon, using electronic monitoring? And does that mean using GPS technology? That would be the first step, at least, in providing some confidence in the Government’s thinking here.
In the same item of business
The Deputy Presiding Officer (Annabelle Ewing)
SNP
The next item of business is a statement by Angela Constance on the sentencing and penal policy commission. The cabinet secretary will take questions at the ...
The Cabinet Secretary for Justice and Home Affairs (Angela Constance)
SNP
In my statement to the Parliament on 3 February, I announced my intention to lay regulations to change the automatic release point for some short-term prison...
The Deputy Presiding Officer (Annabelle Ewing)
SNP
The cabinet secretary will now take questions on the issues that were raised in her statement. I intend to allow around 20 minutes for questions, after which...
Liam Kerr (North East Scotland) (Con)
Con
I am amazed that a Government that has insufficient time to consult on non-fatal strangulation or to consider a prostitution bill deems a three-day consultat...
Angela Constance
SNP
I recently received correspondence from Mr Kerr that is in the same vein as his questions to me. What I have heard are knee-jerk quotes and a knee-jerk respo...
The Deputy Presiding Officer (Annabelle Ewing)
SNP
Members!
Angela Constance
SNP
—the consultation was necessarily short, for reasons that I have explained and because I was mindful of the need for good parliamentary scrutiny. In the comi...
Pauline McNeill (Glasgow) (Lab)
Lab
Scottish Labour is concerned about how the public now view sentencing in Scotland’s justice system. There have been constant changes to how long short-term p...
Angela Constance
SNP
I agree with Ms McNeill about the public understanding of sentencing in Scotland and the structures of the sentences that prisoners serve. I accept that poin...
Rona Mackay (Strathkelvin and Bearsden) (SNP)
SNP
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The Deputy Presiding Officer (Annabelle Ewing)
SNP
Always speak through the chair.
Angela Constance
SNP
Protecting victims and the public from harm is and always will be our absolute priority, and that is consistent with our aims for community justice. As a Gov...
Sharon Dowey (South Scotland) (Con)
Con
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Angela Constance
SNP
Absolutely not. It is important to remember that a sentence in this country can be a custodial sentence, but we also sentence people in the community either ...
Jamie Hepburn (Cumbernauld and Kilsyth) (SNP)
SNP
As the independent commission examined how Scotland can achieve a sustainable prison population, does the cabinet secretary agree that the report’s recommend...
Angela Constance
SNP
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Martin Whitfield (South Scotland) (Lab)
Lab
In the “Justice That Works” report, emphasis was put on the importance of rehabilitation, but we have heard today that some prisoners will be released after ...
Angela Constance
SNP
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Fulton MacGregor (Coatbridge and Chryston) (SNP)
SNP
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Angela Constance
SNP
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Maggie Chapman (North East Scotland) (Green)
Green
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Angela Constance
SNP
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Liam McArthur (Orkney Islands) (LD)
LD
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Angela Constance
SNP
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Kenneth Gibson (Cunninghame North) (SNP)
SNP
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Angela Constance
SNP
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Stephen Kerr (Central Scotland) (Con)
Con
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Angela Constance
SNP
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Emma Harper (South Scotland) (SNP)
SNP
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Angela Constance
SNP
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