Angela Constance
Scottish National Party · Scotland
“Patients deserve better. There have been active campaigns by members across the chamber to represent the views of constituents in Lanarkshire, including by my colleagues Neil Gray and Fulton MacGregor. I fully appreciate the strength of feeling on the need for a new Monklands hospital.”
“Proceeding in that cost envelope would significantly limit our ability to invest in services and infrastructure across the wider NHS. I have carefully weighed the opportunity cost against our objective on improving public services. The current proposal also raises important questions about value for money.”
“For the wider system, it will reduce pressure on acute hospitals, allowing focus on those who need specialist care most. I can announce today that, as part of the programme, specifically for Lanarkshire, we will begin with a new general practitioner walk-in facility in Lanark—transforming an old shop front and a retail park in the town ce…”
“I am grateful for the opportunity to provide an update to members on NHS capital projects, specifically on the current position and next steps for the Monklands replacement project. I begin by being absolutely clear: the Government will deliver a new Monklands hospital. That commitment has not changed and it will not change.”
“During the election campaign, the Scottish National Party promised to increase use of the new refugee doctors project, which is meant to help medically trained refugees from Gaza and other places to get registered for work in the national health service.”
“Scotland welcomes refugee doctors and is committed to supporting them in overcoming barriers that prevent them from rebuilding their medical careers.”
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“I have often spoken in the chamber about the importance of our increased investment in community justice services. However, Davy Russell’s point about preventative measures— whether they are in health, education or tackling poverty—is vital, and such measures must be part of a long-term approach.”
“Davy Russell: The cabinet secretary has previously commented that, despite measures to reduce prisoner numbers, such as lowering the automatic early release point to 40 per cent in 2024, the prison population remains stubbornly high. Does she agree that, if prison numbers are too high, targeted investment in early intervention and diversion schemes needs to be increased in proportion to that challenge? Is she confident that taking such measures without beefing up additional resources will not aggravate the high risk levels that are associated with those policies? Angela Constance: I agree that the prison population is currently too high. Like the countries in the rest of the United Kingdom, we are an outlier in comparison with other European countries.”
“Support for those who are being released from prison and for victims of crime is essential. Over the past five years, we have provided £93 million to support victims, including £48 million via the victim-centred approach fund and £57.3 million via the delivering equally safe fund. People leaving prison after a short-term sentence are legally entitled to request throughcare support. Such support can be accessed through local justice, social work or third sector providers, including Upside, the national voluntary throughcare service, which is funded by an annual investment of £5.3 million. We will continue to engage with delivery partners and victim support organisations ahead of a possible change to the release point for certain prisoners to ensure that victims are aware of how they can access information and support.”
“We all want to see that. The Deputy Presiding Officer: 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 we will move to the next item of business.”
“We will carefully consider the commission’s recommended option of reverting to the release point of two thirds of the way through a sentence, which was in place prior to 2016. As the commission points out, Scotland is not uniquely criminal and should not inherently have a higher prison population than any other country. It has provided us with the opportunity to make bold, evidence-based changes across the justice system, and, once again, I thank it for its commendable work. We must be open-minded and collaborative, as other countries have been. Where safe, appropriate and more effective alternatives to prison exist, we should use them. The evidence clearly shows that a high prison population does not equal a safer society. Instead, the recommendations can support a reduction in reoffending and, therefore, a continued reduction in crime.”
“The Scottish Prison Service expects to make use of GPS for home detention curfews in the next few months, and we will consider where else that technology can be deployed. The commission also makes a clear recommendation on the release point for long-term prisoners. As I have previously stated to the Parliament, I remain committed to reviewing that in order to achieve a better balance between time spent in custody and time spent in the community under strict licence conditions as part of a person’s overall sentence. Having looked at the evidence, the commission considered that extended supervision would be beneficial to the management of risk as well as for reducing reoffending.”
“Significant progress has been made in relation to that via the Bail and Release from Custody (Scotland) Act 2023, which introduced a new bail test that is aimed at ensuring that remand is used as a last resort. We are seeing an increase in the capacity of, and confidence in, alternatives to remand, with a total of 1,500 bail supervision cases in 2024-25. I note that a recent change has been made in England and Wales to apply fewer exceptions to bail where there is no real prospect of an immediate custodial sentence. We will be able to learn from their experience. The commission recommends that different uses of electronic monitoring technology be considered. There has already been sustained progress in relation to that, with almost 2,500 people being electronically monitored on any given day.”
“The Government will invest a further £10 million in community justice services in 2026-27, taking our total investment to a record £169 million. That increase builds on additional investment of £25 million over the past two years, underlining the Government’s commitment to strengthening community justice across Scotland. In line with the recommendations, we will also focus on simplification, flexibility and enhancing support, recognising that tailored and targeted interventions that address the drivers of offending behaviour can often be more effective. The commission also recommends explicitly excluding the possibility of remand in cases in which “there is no real prospect of” a short custodial sentence.”
“We know that community sentences can be more effective in reducing reoffending than short sentences are and that short sentences can disrupt lives and adversely affect employment opportunities, housing stability and access to healthcare. Indeed, the reconviction rate for those who were given community payback orders in 2021-22 was 28.4 per cent, compared with 52.6 per cent for those who completed custodial sentences of one year or less. However, as the commission points out, “If greater numbers of people are to be sentenced in the community, victims’ interests, safety, and confidence must be” central, and that “shift must be accompanied by clear safeguards and credible measures that protect victims”. I agree with the commission’s observation that investment is needed to “underpin delivery of high quality community disposals”.”
“Ultimately, it will be for a new Government and Parliament to make decisions on the changes that are needed. The commission has recommended a prohibition on sentences of less than one year, subject to clarity on legislative competence, and an extension of the presumption against short sentences to sentences of two years or less. We will explore those recommendations carefully and engage with the UK Government, given that some short sentences are imposed in reserved areas of law. However, I note that the UK Government has introduced a similar presumption. Although there is a longer-term trend away from shorter sentences, a high number of them continue to be imposed. In 2023-24, 73 per cent of short- term sentences were for less than 12 months, and a further 15 per cent were for 24 months or less.”
“I am therefore pleased that the independent sentencing and penal policy commission published its final recommendations last week. I am grateful to the commissioners and the chair, Martyn Evans, for the diligent work that they have carried out. Their detailed report offers us a clear opportunity to rethink our approach as a country. By following the evidence, we can continue to safeguard the public and prioritise victims while accepting that simply increasing the prison population does not make Scotland safer. A renewed focus on prevention and reducing reoffending will lead to better outcomes for individuals, communities and our justice system as a whole. I will set out today the Government’s response in principle to the commission’s most central recommendations, but more in-depth consideration of the 73 recommendations will be required.”
“It is critical that partners have time to plan and prepare support for people who are leaving custody. That is why the changes will not take effect until after the early emergency release scheme ends, in April. Those who are eligible for immediate release will be released in tranches, to help to manage the impact on community services. I am committed to reviewing the impact of those changes next year. I have always been clear that there is no single or simple solution to an issue that has been faced elsewhere in the United Kingdom and beyond. However, there are solutions that do not compromise public safety. As a Parliament and as a society, we need to discuss how we can achieve a system in which justice is served and the right balance between effective community justice and imprisonment is struck.”
“A range of issues were raised by consultees, including the need for clearer information for victims and the wider public on release arrangements, to support public protection and to manage the impact on demand for public sector services and on the community, and, consequently, the impact that that could have on the outcomes for those being released. I have listened to those views, and I and my officials will continue to work with stakeholders on all aspects of delivery. The Scottish Government and the Scottish Prison Service will work with victim support organisations to raise awareness of those changes and to encourage those who are eligible to sign up to the victim notification scheme to do so. When a release date changes as a result of the legislation, all registered victims will be notified of the new release date in advance.”
“A broad range of views were expressed, and it will not be possible to outline all of those to the Parliament today; however, in the interests of transparency, it is my intention to publish responses that were shared during the consultation, where permission is given. My officials have written to respondents to seek their permission to share the responses that were provided. In general, there was a recognition of the impact and risks of having a high prison population. Some respondents felt that the proposals were necessary to mitigate those impacts; others wanted the focus to be on longer-term reform to address underlying drivers of the prison population, alongside an analysis of the measures undertaken. I will say more today on the need for that change to be delivered alongside longer-term reform.”
“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 prisoners to 30 per cent of their sentence. I am taking that action because the prison population remains unsustainably high and to ensure that the prison estate is safe for those who work and live there. The decision was not taken lightly, and public safety and the protection of victims remain priorities. Before making regulations to change the release point, Scottish ministers must, by law, consult a range of named organisations, as well as any other persons they consider appropriate. The Scottish Government wrote to the consultees after my statement to the Parliament last Tuesday, and 28 responses were received.”
“With regard to Mr Ross’s comments in which he disputes our acceptance of the rule of law and the Supreme Court judgment, I can point to action across Government and, indeed, justice where our compliance with that policy is demonstrated. We recently published for consultation the new guidance on stop and search. In the interests of open justice— The Presiding Officer: Briefly, cabinet secretary. Angela Constance: —the Government published its written case and the note of arguments. It is, of course, for the courts to determine and judge on those arguments, and— The Presiding Officer: Thank you, cabinet secretary. Angela Constance: —I am sure that that will be done in its entirety. The Presiding Officer: I have to go on to the next question. Peak Rail Fares (Removal) 8.”
“Are John Swinney and the rest of his Cabinet ashamed that, in this court case and their written argument, they did not mention women’s rights once? If they are not ashamed, why are they not? Angela Constance: In general terms, I am reminded of the words of Hillary Clinton at a United Nations conference on women’s rights. The quote is: “human rights are women’s rights and women’s rights are human rights”. I would hope—[Interruption.] The Presiding Officer: Let us hear one another. Angela Constance: I would hope that, in this chamber, we would all have the humility to recognise that there is no monopoly on concern for women’s rights and women’s equality.”
“In all cases, we have an obligation to uphold the independence of the judiciary, and we do not want the Government to ever be seen as interfering in the work of our independent courts. Douglas Ross: That may be an answer to one question; it is just not an answer to the question that I asked. I am going to repeat it, but first I have to take exception to the justice secretary saying that this Government agrees with the Supreme Court ruling. It does not. It is in court arguing against that very Supreme Court ruling. A body language expert would have a field day at the moment, because of the uncomfortable look on the front bench. Not a single one of them is looking up at the moment. The First Minister cannot even look at me, so I will ask the justice secretary the question again.”
“The judgment of the Supreme Court is accepted by the Scottish Government. We are ensuring, as any responsible Government must, that our policies comply with all our legal obligations, including, of course, the Scotland Act 1998 and the European convention on human rights. It is the Scottish Government’s long-held position that it does not regard it as appropriate to engage in public comment in respect of live court proceedings. That is different from saying that the position is that the Scottish Government cannot comment or is prevented from commenting generally on live litigation, although there will be cases in which the Contempt of Court Act 1981 is engaged to that effect, to ensure that there is no risk of impediment or prejudice to the proceedings.”
“I move amendment S6M-20730.1, to leave out from “regrets” to end and insert: “acknowledges that Scotland is a safe country with recorded crime having decreased by 38% since 2006-7 and that homicide is at its lowest level since comparable records began in 1976; recognises that in 2025-26, the Scottish Government increased police funding to a record £1.64 billion, investment which enabled Police Scotland to take on more recruits in the last financial year than at any time since 2013, and that the draft Budget has a further record investment in policing of £1.7 billion in 2026-27; condemns the UK Government’s employer national insurance increase, which is costing Police Scotland over £25 million every year; commends the hard work, dedication and commitment of all the officers and staff of Police Scotland; is pleased that police officers in Scotland receive the best basic pay in the UK at the minimum and maximum of each rank, and that there are around 30 full-time equivalent (FTE) officers per 10,000 population, compared with around 24 FTE officers in England and Wales; notes that Police Scotland has an important role to play in addressing community concerns or tensions and there should be no tolerance for hate crime in a modern society; recognises that, whilst the Scottish Crime and Justice Survey shows a long-term increase in the proportion of people who report feeling safe in their local area, perceptions of safety can vary significantly between communities; further recognises that, in September 2025, Parliament agreed the landmark Victims, Witnesses, and Justice Reform Act, which will introduce reforms to place victims and witnesses at the heart of the justice and courts system, establish a Sexual Offences Court, improve the Victim Notification Scheme and parole system, and introduce a Victims Commissioner, and calls on the Scottish Government to continue its focus on reducing crime and reoffending and supporting victims.” The Deputy Presiding Officer: I call Liam Kerr to speak to and move amendment S6M-20730.2.”
“The roll-out of summary case management, the digital evidence-sharing capability programme and the use of body-worn video cameras are all vital reforms. Those initiatives, along with many others, will go a long way to ensure that mean officer hours are being released, which will allow greater focus on visible, front-line and community policing, crime prevention and protecting the public.”
“That includes the distress brief intervention programme and the strengthening of the enhanced mental health pathway, which is underpinned by investment of £18.5 million for NHS 24, with referrals up by 36 per cent. For my part, I will keep pushing for better pace and scalability of reform. Alongside that, summary case management is streamlining criminal justice processes by reducing avoidable court attendances, enabling cases to be progressed more efficiently and minimising the time that officers spend waiting in court. Members will recall that the pilot programme demonstrated that 500 summary trials were not required to be fixed, which ensured that 18,000 witnesses, including 11,000 police officers, did not have to attend court.”
“Turning to the wider justice system, the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 places victims and witnesses at the heart of a modern and fair justice system and includes significant new measures to meet the needs of the survivors of sexual offences. The act is part of a continually evolving justice landscape, with our police very much at the heart of it. We all want to ensure that our officers have the time to police. There are significant endeavours to protect officers’ time and better deploy them through a range of initiatives that reduce unnecessary demand on policing and ensure that people receive the most appropriate support.”
“The Police and Fire Reform (Scotland) Act 2012, which created our national police service, also ensures that there is full operational independence, meaning that how and where officers are deployed are matters for the chief constable. The act also ensures that local authorities have a say in shaping priorities in their areas, which is better than was the case in the past. I recognise that community policing is a vital part of keeping our communities safe, which is why I welcome that it is front and centre in both Police Scotland’s three-year business plan and its strategic policing plan.”
“Last year’s Scottish crime and justice survey showed that the proportion of adults who felt safe walking alone after dark in their local area had increased from 66 per cent in 2008-09 to 75 per cent in 2023-24; the proportion who worried they that they would be physically assaulted in a public place had fallen from 31 per cent to 15 per cent; and the proportion who thought that people carrying knives was common in their area had fallen from 22 per cent to 13 per cent. However, I completely understand that perceptions and experiences of safety can vary from area to area. Therefore, it is important that we talk about the facts in the round when we talk about crime and policing, in terms of both long- term trajectories and more recent changes. We need to use that information to understand the changing nature of crime.”
“In addition, as of 30 September 2025, there were around 30 full-time-equivalent officers per 10,000 members of the population, in comparison with 24 full-time equivalent officers per 10,000 in England and Wales. I am sure that everyone will welcome the fact that our police officers are receiving the best basic pay in the UK at the minimum and maximum points of each rank. Public safety and crime statistics are a key measurement of the effectiveness of policing. The latest published statistics, from September, show that recorded crime had halved from its peak in 1991 and that, since the Scottish National Party came into office, it has reduced by 38 per cent.”
“I thank Police Scotland officers and staff for their dedication in keeping our communities safe. The Scottish Government recognises their vital role, which is why, building on last year’s record investment of £1.64 billion for policing, we will be investing further record funding of more than £1.7 billion in 2026-27. That includes uplifts for both resource and capital funding and will allow Police Scotland to deliver on its priorities, including front-line service delivery. Our investment in policing has enabled Police Scotland to take on more recruits in the last financial year than it has at any time since 2013. Police Scotland has confirmed that there is a healthy recruitment pipeline, In that it has welcomed around 1,840 new officers since the beginning of 2024.”
“That means that justice being served is—yes—about prevention, punishment and deterrence, but it is also about rehabilitation and reintegration, bearing in mind that the majority of people who are incarcerated will one day return to their community. On that note, with regard to public opinion, the commission’s report says that 92 per cent of people agree that prisons should help to change behaviour and 55 per cent agree that prisons should be for those who commit the most serious offences.”
“Will the cabinet secretary commit to a formal consultation with victims and victims organisations and guarantee that their views will carry decisive weight? She used the word “paramount” earlier. Will their views be paramount in the Government’s response—yes or no? Angela Constance: I want to assure Mr Kerr that I spend much of my time engaging with victims and victim support organisations on an on-going basis. It is important to note that the commissioners also engaged with victims. From my engagement with victims, I know that at the very core of a victim’s concerns is that they do not want the experience that they had and the crime that was committed against them to happen to anyone else.”
“To have that, we have to have the courage to follow the evidence and engage with victims and communities about what will work to make them safer. Stephen Kerr: Locking up violent criminals does make Scotland safer. That is where the public is on the question, and I think that the cabinet secretary knows that, because my experience is not unique. Across Scotland, there are tens of thousands of victims. I have seen people who harmed them, threatened them and robbed them released early or not imprisoned at all. Victims deserve a justice system that takes their safety seriously and puts public protection first. Scottish National Party policy has consistently moved in the opposite direction, weakening judicial discretion and prioritising offenders over victims. Victims will find the report terrifying.”
“I cannot imagine how that would have felt for him or the distress and trauma that it would have caused his dear family. I say in all seriousness that victims are paramount in our considerations and that public safety will always be paramount to me. I say to the member that I am very sorry that I cannot reduce this debate to the point of giving a knee-jerk or two- dimensional response, because the issues are complex and significant. The crux of the matter to me, as has always been the case, is that a high prison population does not necessarily equate to a safer Scotland. That is why I commissioned the report, so that we could look sincerely and deeply at the evidence. I know that, at the end of the day, we all want safer communities, fewer victims and fewer crimes.”
“Stephen Kerr: In 2016 and again in 2023, the man who threatened to kill me was sent to prison. In 2022, he was arrested in the street leading to our home. My wife was terrified. Under the proposals in the report, that individual would not receive a custodial sentence at all. This report is a gift to criminals and a slap in the face to victims of crime across Scotland. It has been produced by people who are far more concerned with offenders than with the harm that they cause. Will the cabinet secretary rule out implementing any recommendation from the report that would remove or restrict the use of custody in cases involving credible threats of violence—yes or no? Angela Constance: I am deeply sorry and concerned to hear about the member’s experience.”
“The Scottish Government welcomes the publication of the independent sentencing and penal policy commission’s considered and evidence-based report “Justice That Works”. Prison will always be necessary, but we must accept the need to tackle an increasing prison population. Many of the recommendations in the report reflect what is known: that community- based sentences are more effective than short prison sentences at reducing reoffending, which means fewer victims and safer communities, which is something that we all want to see. I will make a statement to Parliament on Thursday to present the Scottish Government’s initial response to the report, acknowledging that the breadth of recommendations will require detailed consideration and prioritisation.”
“[Interruption.] We know from the evidence that community sentences, such as community payback orders, are much more effective in reducing reoffending. I am focused on building an evidence-based consensus on what will work at the end of the day to keep our communities safe. [Interruption.] The Presiding Officer: Let us hear one another. There is much interest, and I would like to enable as many members as possible to put a question.”
“The cabinet secretary says that she will take account of all the views, so, if victims and victims organisations responding to the consultation overwhelmingly oppose the plans to let prisoners out after only a third of their sentence, will she pause the rush to legislate and rethink, or will she just carry on regardless? Angela Constance: As Mr Kerr well knows, sometimes you cannot duck action. [Interruption.] For the sake of our communities and, indeed, the Scottish Prison Service, sticking our heads in the sand is not an option. I have outlined in full detail to members the situation that our Scottish Prison Service is facing. [Interruption.] The Presiding Officer: Let us hear one another. Angela Constance: What Mr Kerr says about reconviction rates points to the inefficiency and ineffectiveness of short-term custodial sentences.”
“I have to acknowledge that the consultation, by necessity, is short. That is because further action is required. I am very mindful of parliamentary scrutiny. The Parliament will rise in the not-too-distant future, and I wish for the SSI to have its 40 days to be processed. Given the magnitude of the issue, I value parliamentary scrutiny on it very much. We will, of course, take account of all views. The consultation builds on previous work, particularly on the Prisoners (Early Release) (Scotland) Act 2025. As members would expect, there is on-going engagement between stakeholders, my officials and me. Liam Kerr: The true folly of the ill-informed, knee-jerk, unplanned early release of prisoners is writ large in Government figures, which show that nearly half of ex-prisoners end up back inside for further crimes within a year.”
“Liam Kerr: The consultation is happening because an instrument will be laid next week that automatically releases prisoners after they have served less than a third of their sentence. That means that someone who has been sentenced to just under four years for a violent offence, such as a knife attack, would be released at 14 months. In other words, for every 10 days of sentence, only three will be served in prison. Does the cabinet secretary really think that a consultation of three working days is appropriate for a change of that magnitude? In any event, does she think that it is acceptable to ask the Parliament to sanction the release of criminals in prison based on what is, as her letter to the committee acknowledges, a box- ticking exercise? Angela Constance: There is no such thing as a box-ticking exercise.”
“My apologies to you, Presiding Officer, and to the Parliament. In short, the answer to Mr Kerr’s question is yes. Yesterday, after I informed Parliament of my intention to consult on changes to the automatic early release point for certain short-term prisoners, from 40 per cent to 30 per cent of their sentence, as required by legislation, the Scottish Government wrote to a range of relevant stakeholders, inviting their views on those proposals. Today, I shared that letter and the list of recipients with members of the Criminal Justice Committee for publication. Alongside that, my officials have engaged with key delivery partners, and I personally met victims organisations on the proposed changes.”
“I intend to allow around 20 minutes, after which we will move on to the next item of business. It would be helpful if those members who wish to ask a question were to press their request-to-speak button.”
“Those services provide flexible and personalised support before, during and after release. They help prisoners to access support to find somewhere to stay, find a job and healthcare. We have seen that that can support successful reintegration and contribute to reduced risk of reoffending, less crime, fewer victims and safer communities. That is what we all want to see. I believe that this action is necessary and that the proposed exclusions that I outlined strike the right balance between recognising the concerns of victims and survivors and supporting a sustained reduction in the prison population, which is essential in enabling our prison estate to function safely and effectively. The Deputy Presiding Officer: The cabinet secretary will now take questions on the issues that were raised in her statement.”
“The sentencing and penal policy commission, which I established last year, is set to publish its recommendations shortly. I will return to Parliament following its publication. We know that community sentences are more effective in reducing reoffending than short-term prison sentences, which disrupt families and adversely affect employment opportunities and stable housing. Managed release processes are therefore an important and recognised part of our justice system, supporting meaningful rehabilitation and reintegration into society. Those leaving prison after a short-term sentence in Scotland are entitled to request throughcare support, which is provided through their local authority, a third sector organisation or the national voluntary service, Upside.”
“That recognises the particular concerns that can arise in relation to those offences and the considerable progress that has been made in recent years so that victims and survivors can have confidence in the justice system. Let me make clear that this is not a decision that I have taken lightly. It remains crucial that those who pose the greatest risk of harm to the public are housed in prisons. However, it is also the case that there are too many people in our prisons and, like the rest of the United Kingdom, we remain an outlier among western nations in that regard. Although the measure is required in the immediate term, we must look beyond that to a sustainable long-term position that reduces the reliance on custody and makes use of robust community alternatives.”
“The consultation will seek views on changing the automatic release point for certain short-term prisoners, so that they serve 30 per cent of their sentence in custody, instead of 40 per cent. That would not apply to those serving sentences for domestic abuse and sexual offences. Unlike with emergency early release, the change would deliver a reduction that would be sustained over time. Protecting victims and public safety remains an absolute priority for this Government. I stress that the proposed changes would not apply to those serving long-term custodial sentences over four years or those serving sentences for domestic abuse and sexual offences.”
“That is why—alongside our work to prevent crime, expand prison capacity, reduce reoffending and strengthen alternatives to custody, which I am clear must all continue—I believe that additional changes to the automatic release point for certain short-term prisoners are now necessary to deliver a further, sustained reduction in the prison population. Following careful consideration of the options that are available to me, I would like to notify the Parliament of my intention to carry out a short consultation with relevant partners on the issue, with the aim of laying secondary legislation next week for Parliament’s approval. That is necessary to meet standing orders on Scottish statutory instruments and ensure that the regulations can be scrutinised ahead of Parliament’s dissolution.”
“Sentencing patterns have also changed, with considerably more people being sentenced for longer. The average custodial sentence length increased by 37 per cent between 2014-15 and 2023-24, which is a significant contributor to the growing number of long‑term prisoners who are serving four years or more, and one that cannot be predicted. That means that, as well as having an increased, and increasing, prison population, the composition of our prison population has also changed considerably. Taken together, that creates significant risks for those who work and live in our prisons. Those risks cannot be underestimated and the projections are clear. The emergency release provides only a temporary relief and will not reduce population pressures to a safe and sustainable level on its own, so further action is required.”
“As of 27 January, eight prisons are showing red risk status and 15 are shown as being close to, or over, their assessed capacity tolerance. The continued rise in the prison population reflects the action that we have taken to strengthen the justice system. For example, the number of homicide victims in 2024-25 was the lowest since comparable records began in 1976, and recorded crime rates remain among the lowest in more than 50 years. However, at the same time, we are seeing more convictions for serious and organised crime, as well as for recent and historical sexual offences. That is testament to the work of Police Scotland and our courts, and it also reflects a confidence among the public in reporting sexual offences, knowing that that will be taken seriously.”
“There are a further three tranches planned up to April, which it is estimated will result in a further 100 to 200 prisoners being released. The action that the Government has taken has been necessary to ensure the safe running of our prison estate for those in prison and, importantly, for our hard-working staff. All those measures could not have been implemented successfully without the hard work of Scottish Prison Service staff, justice social work services and a range of other partners, and I thank them for their dedication and commitment. Despite the best efforts of the Government and our delivery partners, however, the prison population remains stubbornly high, and the current trajectory indicates that the upwards trend will continue. Today, the prison population is sitting at 8,301.”
“The use of electronically monitored bail also remains high, with 1,470 cases recorded over the year. The use of community payback orders has grown, too, with 16,500 CPOs commenced in 2024-25; that is a 9 per cent increase on 2023-24 and the fifth‑highest total in a decade. In November 2025, Parliament approved a further emergency release of certain short-term prisoners. That measure included important safeguards to protect the public and victims, and we have worked in close partnership with the national health service, local authorities and the third sector to provide additional support on release in order to facilitate successful reintegration into communities. We have completed four tranches of emergency early releases, and 415 prisoners have been released to date; that figure is lower than expected.”
“The Scottish Prison Service has further optimised capacity in the existing estate to create 400 additional spaces in comparison with 2024. In addition, we have increased SPS capital funding to £355 million this year, with £458.5 million allocated next year to support the construction of two new prisons. HMP Highland, which is due for completion in late 2026, will provide 107 additional places, while HMP Glasgow, which is expected in 2028, will add 357 places. We have also significantly increased investment in community justice, bringing the total funding for this financial year to £159 million. That investment has enabled expansion of the availability and use of alternatives to custody. In 2024-25, 1,500 bail supervision cases were commenced—the highest number in 10 years.”
“Throughout my tenure as justice secretary, I have taken significant steps both to strengthen our justice system and to address the rising prison population. I have also proactively kept Parliament up to date on this critical issue, and on any proposals and measures that we are taking, alongside a clear explanation as to why I believe that they are necessary. In November 2024, the Parliament agreed to modify the release point for certain short-term prisoners so that they are released after serving 40 per cent, rather than 50 per cent, of their sentence. That change is projected to result in a sustained reduction of approximately 5 per cent across the sentenced population of short-term prisoners in comparison with the situation if no change had been made.”