Official Report search · Parliament Workbench

Committee

Criminal Justice Committee 04 March 2026 [Draft]

04 Mar 2026 · S6 · Criminal Justice Committee

Item of business

Subordinate Legislation

Prisoners (Early Release) (Miscellaneous Amendment and Transitional Provisions) (Scotland) Regulations 2026 [draft]

Constance, Angela SNP Almond Valley Watch on SPTV

Thank you, and good morning. I begin by placing on record my gratitude and appreciation to Scottish Prison Service staff, justice social work services and other partners for their on-going dedication, hard work and commitment in all that they do.As the committee will be aware, a rising and more complex prison population is not a challenge that is unique to Scotland. The Government has taken a range of actions to tackle the situation and to create a sustainable prison population. We have optimised the existing prison estate to create 400 additional spaces compared with 2024 and we have provided the Scottish Prison Service with capital funding of £355 million this year and £458.5 million next year to continue the construction of two new prisons, which will add 464 places. The resource budget for the SPS next year will also be increased to £509.3 million—almost half a billion pounds. In addition, we have significantly increased investment in community justice, bringing the total funding for the next financial year to £169 million. That will enable the expansion of alternatives to custody, including diversion, alternatives to remand, and community sentences, which we know are more effective at reducing reoffending than short custodial sentences.Despite our best efforts, the prison population remains stubbornly high, which poses significant risks to those who are living and working in our prisons. The prison population stands at 8,361, with 13 establishments operating above design capacity and eight at red risk status. Should the regulations be approved, they would reduce the proportion of the custodial sentence that certain short-term prisoners would be required to serve before they are automatically released from 40 per cent to 30 per cent. The change is necessary to ensure that our prisons remain safe and effective. It could result in a sustained reduction of between 239 and 312 individuals, which would better support the delivery of crucial services in our prisons, pre-release planning and the safety and wellbeing of all those who live and work in our prisons. The change would apply only to those who are serving short-term sentences, and those with sentences for sexual or domestic abuse offences will be excluded. That recognises the barriers to reporting in relation to those types of offences and the need to maintain the progress that has been made in increased reporting.My officials and I continue to engage with partners to maximise planning and support for those who are leaving custody. Additionally, the proposed changes would not take effect until after the current emergency early release scheme ends in April. Those who are eligible for immediate release would be released in tranches to minimise the impact on community services.I have always been clear that there is no single or simple solution to the challenge that is faced by Scotland, other parts of the United Kingdom and beyond. Although the Government has already taken and continues to deliver a range of actions to increase the availability of alternatives to custody, a long-term change in our approach is needed. We now have the evidence-based recommendations of the sentencing and penal policy commission. Our collective duty is to consider what measures would deliver an effective justice system where prisons are safe environments that are focused on rehabilitation and reducing reoffending to ensure that we have fewer victims and safer communities.10:15

Search Hansard contributions

Criminal Justice Committee 04 March 2026 [Draft]

In the same item of business