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Committee

Criminal Justice Committee 11 March 2026 [Draft]

11 Mar 2026 · S6 · Criminal Justice Committee
Item of business
Criminal Justice System (Challenges for Session 7)
Sara Snell Watch on SPTV
I almost want to frame the question differently and link it to what we said earlier about who should be in prison. Prisons are doing an extraordinary amount to understand the changing nature of the people they are looking after. There is a whole flat at HMP Glenochil for elderly and infirm prisoners, with 24-hour social care. Should it be the prisons, with support from social care and healthcare teams, that are adapting to meet those needs or are there alternatives for elderly, infirm prisoners who are suffering with dementia?One of the recommendations in the sentencing and penal policy commission’s report highlighted the age of 60, but people often talk about 50 as the age at which people in prison—as opposed to people in the general community—begin to suffer the infirmities of older age. The commission’s report said that we need to look at those needs and decide whether prison is the most appropriate place to manage that risk. The health teams are constantly having to readjust their skill mixes because of the nature of the needs of people who are coming into prison. Stephen Sandham will be able to say more about that. The level of understanding of neurodiversity, how it affects criminal behaviour and how it brings people into the carceral net is improving all the time. We are trying to keep abreast of that and understand the implications.The hard work that is done in putting resources into ensuring that people are safe, that they have three meals a day and that they have access to their basic entitlement can distract from the task of preparing people for release. This is more of a personal observation than something that you will find in our reports, but the work that is done to prepare prisoners for release—this is the case with short-term prisoners in particular—tends to begin towards the end of their time in prison. The Parole Board for Scotland would say that it would like long-termers to think about how to prepare for parole right from the outset. Currently, the system is not set up in such a way as to allow that to be possible, but if we had the capacity to change things, we would want to engage in preparing people for release right from the outset.Things such as the acquisition of life skills are available to prisoners only in the last few weeks before their release, because such provision is a precious commodity and a level of prioritisation is needed. The acquisition of such skills might be valuable for remand prisoners and people who might end up going out on short-term release. However, if that short-term release comes sooner than anticipated, they will not have that opportunity.I mentioned Upside, which is a very positive service that has become available this year. We do not yet have evidence on Upside’s work—a report will be produced on that—but it was envisaged that the service would support people who were leaving custody after short-term sentences. Upside’s ability to do that has been somewhat affected by the need to be there for those who are released under the short-term release process. As a result, there has been much more of a hiatus in the development of the service than I think was intended.

In the same item of business

09:30
The Convener SNP
Our next item of business is the continuation of our series of evidence sessions with different inspectorates and commissioners within our remit. Our aim is ...
Sara Snell (HM Inspectorate of Prisons for Scotland)
Thank you for inviting His Majesty’s Inspectorate of Prisons in Scotland to give evidence at the Criminal Justice Committee. I should like to begin by explai...
The Convener SNP
It is very pleasing to hear that there is some positive news, although there are also significant challenges. I will begin our questions by asking about how ...
Sara Snell
Calum will talk in a little more detail about this, as he is very much one of our leads in doing the day-to-day work of following up recommendations. I will ...
Calum McCarthy (HM Inspectorate of Prisons for Scotland)
Good morning. We have a process in place. Following the publication of one of our reports that includes recommendations, we ask the prison to give us an upda...
The Convener SNP
Thank you. That is a helpful practical overview of the process of monitoring. Is it fair to assume that the size of the prison population, as it is at the mo...
Sara Snell
That is a really interesting question. Although one’s attention has to be focused somewhat on firefighting and making space to bring people in from court as ...
The Convener SNP
How can the prison population be reduced?
Sara Snell
We are strongly of the opinion that prison should be a measure of last resort and that the people who come to prison should be those who present the greatest...
The Convener SNP
Thank you. I open up the discussion to questions from colleagues.
Liam Kerr (North East Scotland) (Con) Con
Good morning. I have a question on staffing and the officers in our prisons. Your recent inspection activity has highlighted that there are considerable pres...
Sara Snell
There are a range of reasons why staff might be short in a particular prison. That might be a recruitment or retention issue or it might be a sickness absenc...
Liam Kerr Con
It is a very interesting answer, which I will follow up on, if you do not mind. You mentioned recruitment and retention as well as issues with exhaustion. Ha...
Sara Snell
We see some good practice, where governors have recognised the challenges of a new member of staff coming in and have made a real attempt to show people the ...
Liam Kerr Con
Have you picked up on any impact on the safety of staff and prisoners?
Sara Snell
We were trying to look at the level of incidents of violence. Stephen, do you have some statistics on that?
Stephen Sandham (HM Inspectorate of Prisons for Scotland)
There is no direct evidence that overcrowding and pressures on staff are leading to an increase in violence. If anything, the current statistics for the year...
Liam Kerr Con
I am very grateful.
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
I want to ask about prisoners’ needs and rehabilitation. We are aware that the needs of the prison population have changed with the demographics. Are you sat...
Sara Snell
I almost want to frame the question differently and link it to what we said earlier about who should be in prison. Prisons are doing an extraordinary amount ...
Stephen Sandham
I will follow up on that. Research that was published by the Scottish Government in 2022 highlighted that 15 per cent of the prison population had long-term ...
Rona Mackay SNP
How has the situation changed over the decades? I realise that you will not have exact figures, but has that always been the case or is the situation much mo...
Stephen Sandham
I do not have figures that would give you a comparison. The research shows that the issue was significant in 2022, and the 2024 survey—which was self-selecte...
Rona Mackay SNP
It is a good illustration of the challenges that are faced.I would like to move on to the SPAROW report on women’s custody units, which you mentioned in your...
Sara Snell
We have conducted two inspections. HMP Stirling owns the Bella and Lilias units, if you like, so the governor of Stirling is responsible for them, with unit ...
Rona Mackay SNP
One of the issues that came up in the report was the tensions between prison staff and the women. The wearing of prison uniforms did not help in that situati...
Sara Snell
Absolutely. As I said in my opening statement, one of the things that Scotland has done well is having the vision for, the investment in and the courage to t...
Rona Mackay SNP
That is an example of bureaucracy getting in the way. It would surely not cost anything to fix and would require just changing the practice of how the units ...
Sara Snell
Do not give up hope, Rona.