Penal Policy

Cabinet Secretary for Justice Statement to the Scottish Parliament

On 03 October 2023, the Cabinet Secretary for Justice made a statement to the Scottish Parliament on Scotland’s prison population. She advised that she was still “absolutely committed to    a replacement for HMP Barlinnie”, however, there is still no finalised timeframe for its delivery (“[o]nce the design plans are finalised, we will have a much better and more accurate estimate of both costs and timescales, but it is a journey that we are determined to pursue”).

HMP Barlinnie’s Governor-in-Charge, Michael Stoney, has recently repeated his concerns, saying, “[w]e sit on a knife-edge of worry that it might not happen … our hearts and souls are in it, but 2026 is looking highly unlikely. It will be 2027 at best.”

Recorded Crime in Scotland 2022-2023

On 20 June 2023 the Scottish Government’s Recorded Crime in Scotland 2022-2023 figures were published. Since last year, crimes recorded by the police in Scotland increased by 1%, with the recording of crime remaining at one of the lowest levels seen since 1974. Non-sexual crimes of violence decreased by 1%; crimes of dishonesty increased by 11%; and sexual crimes decreased by 3%. However, recorded sexual crime has increased by 70% over the past 10 years.

Scottish Courts and Tribunals Service Corporate Plan (2023-26) & Business Plan (2023-24)

On 9 May 2023 the Scottish Courts and Tribunals Service (SCTS) published its three-year Corporate Plan for 2023-26 and annual Business Plan for 2023-24. They reiterate previously published modelling which predicts that outstanding summary trials should return to pre-pandemic levels by March 2024; that outstanding High Court trials will recover to a new baseline level by March 2025 and Sheriff solemn by March 2026. However it notes that “[t]his may turn out to be optimistic, depending on the volume of indictments”.

Joint Review of Diversion From Prosecution

On 21 February 2023 a ‘Joint Review of Diversion from Prosecution’ was published by the Care Inspectorate; HM Inspectorate of Prosecution in Scotland; HM Inspectorate of Constabulary in Scotland; and HM Inspectorate of Prisons for Scotland, which made 34 recommendations.

Scottish Parliament Pre-Budget Scrutiny

During November 2022, the Scottish Parliament Criminal Justice Committee took evidence on prison budgets as part of its Pre-Budget Scrutiny work. The proposal was that SPS should receive a flat cash budget for the next 4 years. The response to this was (unsurprisingly) negative. As just one example, Teresa Medhurst, SPS Chief Executive, stated that “there is no or at most, very limited, opportunity to the scaling back of our operations without significant risk to health and  welfare support, reputational damage, the loss of services and the risk to operational stability across the estate.” A corresponding scrutiny report was published by the Criminal Justice Committee on 9 December 2022.

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