On 22 February 2021, secondary legislation to extend The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Rules until 21 September 2021 was laid. We wrote to the Justice Committee highlighting the lack of scrutiny involved in its drafting e.g. that the Policy Note had been written by SPS itself, with no wider consultation taking place and that HMIPS and SHRC had been merely advised, not consulted. Whilst lack of Parliamentary time gave the Committee little option but to pass the negative instrument, HLS was repeatedly quoted in the Justice Committee Meeting and our concerns have been passed to the Cabinet Secretary for comment.

On 28 January 2021, The Community Orders (Coronavirus)(Scotland) Regulations 2021 were laid to reduce the outstanding number of unpaid work hours under existing Community Payback Orders by 35% (except those imposed for domestic abuse, sexual offences, or stalking). We wrote to the Justice Committee supporting the secondary legislation, but questioning the fairness and validity of the exclusions. The statutory instrument was passed.