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]
Members will recall the statement that I gave to Parliament a few weeks ago. That was the Scottish Government’s initial response to what is a comprehensive and evidence-led report. The very nub of it is to point out that a very high prison population does not equate to a safer Scotland. There is a clear invitation to us all to do things differently.The report is wide ranging and comprehensive, and we are looking at each of the recommendations. Decisions will, of course, be for the next session of Parliament, but I hope that, in the time that we all have between now and then, we can collectively give serious consideration to the report, as there will be decisions that need to be made or not. Given the scale of the report, we will need to look at what is deliverable and at prioritisation.The evidence over the past two decades has been clear on the ineffectiveness of short-term sentences. I think that Ms Mackay asked a question in the chamber about the number of people serving a sentence of less than a year. If we take a snapshot on any given day, we find that the figure is about 500 people. The majority of short-term prisoners are serving sentences of two years or less. A body of evidence shows that there are better solutions, when it is safe and appropriate to use them, that make our communities safer.There is a lot of work to do to consider the recommendations collectively and individually. I know that we are all in campaigning mode, but my plea is that we should try to find ground on which we can reach consensus. If we do not want to keep needing to make decisions that give temporary relief—which is what early emergency release measures do—we need to agree to the regulations that we are considering today, which will provide sustained relief. However, the regulations are only one small part of the jigsaw. We need to carry out more fundamental longer-term reform in order to have safer prisons and a sustainable prison population.
In the same item of business
The Convener
SNP
Our next item of business is an oral evidence session on a draft affirmative instrument. We are joined by the Cabinet Secretary for Justice and Home Affairs,...
The Cabinet Secretary for Justice and Home Affairs (Angela Constance)
SNP
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 ot...
The Convener
SNP
Thank you, cabinet secretary. I will open the questions. I am not sure that any of us wants to be in this situation today of again looking at a reduction in ...
Angela Constance
SNP
With the STP40 programme, which, for clarity, was under the Prisoners (Early Release) (Scotland) Act 2025, the anticipation was that it would reduce the popu...
The Convener
SNP
Linda Pollock, do you want to come in on that, from the Prison Service point of view?
Linda Pollock (Scottish Prison Service)
We all know that the prison population is very difficult and is stubbornly high. As the cabinet secretary said, without STP40 and the emergency releases, the...
The Convener
SNP
I have one more question, cabinet secretary. You spoke about a requirement for long-term change in our general approach and you referenced the recent report ...
Angela Constance
SNP
Members will recall the statement that I gave to Parliament a few weeks ago. That was the Scottish Government’s initial response to what is a comprehensive a...
The Convener
SNP
Thank you.
Liam Kerr
Con
Cabinet secretary, you said that the scheme could reduce the prison population by between 239 and 312 people once it is fully implemented, but numerous previ...
Angela Constance
SNP
I remind Mr Kerr that I have always been utterly candid about the impact of each and every measure that we have undertaken. We have undertaken two early emer...
Liam Kerr
Con
The reoffending rate is currently about 44 per cent. What impact does your data—which has presumably been collated—suggest that the move will have on the reo...
Angela Constance
SNP
When I gave the original statement, I made a political commitment in response to a question from the convener that we would, in due course, review STP30 if t...
Linda Pollock
It was 61.
Angela Constance
SNP
Yes, it was 61. The return to custody rate for the STP40 programme was 5 per cent, which equated to 12 or 13 individuals.I appreciate that the return to cust...
Liam Kerr
Con
I quoted the 44 per cent reoffending rate.
Angela Constance
SNP
For which group?
Liam Kerr
Con
If I may, cabinet secretary, I would like to ask you about that reoffending rate rather than the return to custody rate—to be fair, you are right to concede ...
Angela Constance
SNP
I do not think that we have that information. There is a plethora of statistics on reoffending, which relate broadly to short-term and long-term prisoners. T...
Claire Martin (Scottish Government)
As the cabinet secretary said, we have the return to custody rate for the initial releases under the 2025 act. However, we do not have a reoffending rate spe...
Liam Kerr
Con
Thank you. I have a quick final question. Cabinet secretary, will you confirm for the record that there is no governor’s veto in the scheme? Therefore, no ma...
Angela Constance
SNP
There is no governor’s veto in this scheme, in the same way as there was no governor’s veto in the STP40 programme. The reason for that is that a governor’s ...
The Convener
SNP
I ask for succinct questions and responses, so that all members are able to ask questions.
Jamie Hepburn
SNP
You mentioned the two new prisons that are being constructed. Are you able to confirm that those are still on schedule?
Angela Constance
SNP
Yes. HMP Highland is on track for the building work to be completed later this year, and the construction of HMP Glasgow is continuing as planned.
Jamie Hepburn
SNP
I think that you said that that will provide 460 additional spaces.
Angela Constance
SNP
Yes, that is correct.
Jamie Hepburn
SNP
I have a question that relates to annex A of the helpful letter that you sent to us, which gives a breakdown by year of the number of people who receive shor...
Angela Constance
SNP
As is the case in other parts of the UK and Europe, we are contending with a rising prison population. The presumption against sentences of less than a year ...
Jamie Hepburn
SNP
I will not give the precise figures but, basically, from 2022-23 to 2023-24, the numbers being sentenced were up, which goes against the grain of there being...