Penal Policy

‘Review…Review ... Recommend … Repeat … An assessment of where human rights have stalled in places of detention’

On 25 July 2024, SHRC (Scottish Human Rights Commission) and NPM (National Preventive Mechanism) published a significant report: ‘Review … Recommend … Repeat … An assessment of where human rights have stalled in places of detention’. The report reviews recommendations made by international human rights bodies at the United Nations, and the European Committee on the Prevention of Torture, over a 10-year period in prisons and the forensic mental health estate. Having examined 29 specific recommendations, they found that 24 were making little or no progress; 5 were making significant progress; and 0 were complete. They have since identified 3 areas for further action: i) deaths in detention (including custody); ii) transfers between prisons and mental health facilities; iii) Orders for Lifelong Restriction.

Reducing Scotland's Prison Population (Again)

On 2 May 2024, the Public Audit Committee took evidence from Teresa Medhurst (SPS, Chief Executive) amongst others. (Their corresponding report was published on 10 June 2024.) She advised the Committee that 7 of Scotland’s prisons were on ‘high risk/red status’ and highlighted the severe pressures they were facing. A later letter from Ms Medhurst followed up some other points which the Committee had asked. The evidence reflected a letter that the Prison Governors Association had sent earlier to the Criminal Justice Committee. Shortly thereafter came a series of Parliamentary statements, legislative proposals and evidence sessions on what became the The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024 This legislation came into force on 13 June 2024.

On 8 July 2024 a consultation was launched on changing the point of release for long term prisoners. The proposals were later dropped with proposals to change the point of release for short-term prisoners.

Scottish Crime and Justice Survey 2021/22

On 28 November 2023, the Scottish Crime and Justice Survey 2021/22 was published by the Scottish Government. This doesn’t include reported crime, but instead is the result of surveyed experiences and perceptions of crime and the justice system. It showed that the volume of crime, including incidents not reported to police, has fallen by 53% since 2008/09, with violent crime decreasing by 58% and the proportion of people experiencing crime falling from one in five, to around one in 10.

Criminal Justice Committee: Pre-budget Scrutiny Report 2024/5

On 24 November 2023, the Criminal Justice Committee published its pre-budget scrutiny report, summarising the evidence received, with its conclusions and recommendations best summarised by the following:     

“[t]he Committee is of the view that the funding situation facing the criminal justice sector cannot be allowed to continue …. We cannot … continue to provide ever increasing small sums of finance seemingly to effectively stand still in a business-as-usual fashion…. The Scottish Government and others through its Justice Board should identify and implement what the Cabinet Secretary herself recognises are spend to-save reforms. With some upfront investment, such reforms should yield cost savings over the longer term and have clear timescales … [D]ebates around the numbers of people we send to prison and the need for effective alternatives to incarceration through community disposals have been longstanding with no discernible move to realising this…. There is still inconsistent provision of effective community justice disposals …. In time, this reform should reduce prison numbers which in turn reduces costs, reoffending and the number of prison places needed, or even the number of prisons. Savings from these reforms can be reinvested in the system.”

Coronavirus (Recovery and Reform) (Scotland) Act 2022

On 23 November 2023 the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023 was passed. The regulations expire some of the temporary measures and extend the remainder until 30 November 2024 e.g. the increase in the length of time someone can be held on remand in summary cases has expired, but the increase in the length of time someone can be held on remand in solemn cases has been extended to 30 November 2024; and the provision to allow the emergency early release of prisoners in response to the effects of Covid-19 has also been extended until 30 November 2024.

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