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
I appreciate Mr Whitfield’s interest and, in particular, his interest in rehabilitation. It is important to recognise a couple of factors. The majority of short-term prisoners are released under no compulsion and are automatically released with no supervision. There are important safeguards in this measure, in that some offenders are excluded from the release programme.
With previous release programmes, we found that the rate of return to custody varied between 5 and 13 per cent. That is because of the extensive work by partnership organisations, justice social work services and the third sector in supporting the Prison Service when it identifies people who will be released earlier. Those people are all returning to our communities, and the pre-release work that is done by Upside and justice social work speaks to what we should more routinely do with short-term prisoners in the future.
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
In the vein of what we have just been talking about, the cabinet secretary and the commission have acknowledged that victim safety must be at the centre of s...
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
New figures published today by the Scottish Grocers Federation show that 99.6 per cent of convenience stores now experience shoplifting daily, almost four in...
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
In short, yes, I do. Although the steps taken by this Government have been necessary to provide immediate relief to ensure that prisons are safe and effectiv...
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
I appreciate Mr Whitfield’s interest and, in particular, his interest in rehabilitation. It is important to recognise a couple of factors. The majority of sh...
Fulton MacGregor (Coatbridge and Chryston) (SNP)
SNP
The commission has made several recommendations that emphasise the importance of prevention. Does the cabinet secretary agree that effective prevention polic...
Angela Constance
SNP
We know that people who are in contact with the justice system experience multiple and severe disadvantage. Intervening at the earliest stage and ensuring ef...
Maggie Chapman (North East Scotland) (Green)
Green
I am grateful to Martyn Evans and the commission for their detailed and well evidenced recommendations. There is substantial evidence about how poverty, trau...
Angela Constance
SNP
There was a lot in Ms Chapman’s ask. I give her a commitment that I will take that away and respond to her formally in detail. Her point about inequality is ...
Liam McArthur (Orkney Islands) (LD)
LD
Scottish Liberal Democrats have long been clear that investment in community sentencing is vital if we are to tackle Scotland’s staggeringly high prison popu...
Angela Constance
SNP
It is important that all the recommendations are given careful consideration and prioritisation and that we do that work alongside all our justice partners. ...
Kenneth Gibson (Cunninghame North) (SNP)
SNP
Given the value and importance of community payback orders in reducing reoffending, does the cabinet secretary agree that those who are released early from p...
Angela Constance
SNP
That is a really good question and a really interesting point. Although community payback orders and unpaid work can be used as alternatives to custody, they...
Stephen Kerr (Central Scotland) (Con)
Con
It would be good to have some honesty from the cabinet secretary on the matter. All the issues arise because of the SNP’s total mismanagement of the Scottish...
Angela Constance
SNP
The vast majority of prisoners will one day return to our community and it is beholden on us all to make sure that they return to our community in a far bett...
Emma Harper (South Scotland) (SNP)
SNP
On the issues that have been raised already in relation to reoffending, although prison sentences will always be required, evidence shows that community-base...
Angela Constance
SNP
It is difficult to make those comparisons. As I have said before, the annual cost per prison place in 2024-25 was £52,260, so, in my view, investing in commu...