On 18 January 2024, HMIPS wrote to Teresa Medhurst, (SPS Chief Executive), regarding human rights concerns relating to exercise provision and prisoners’ time in open air. This arose from recent inspections of HMP YOI Polmont and HMP Perth.

As a result to acknowledged overcrowding, on 22 January 2024, it was advised that short-term low supervision convicted male prisoners would start to be moved into HMP YOI Polmont. In a subsequent Public Audit Committee evidence session, HM Chief Inspector of Prisons for Scotland pointed out that a 42-cell section is being used to accommodate the small number of 16 and 17 year old prisoners - currently 7, but at the time, 3 - to ensure that they are kept completely separate from all other populations i.e. there was a small amount of under-utilised space in the estate.

Soon afterwards Natalie Beal (Governor, HMP Glenochil) called for a purpose-built nursing unit to be used to hold elderly and infirm prisoners in lower security conditions, in order to ease overall prison overcrowding. This was linked to Freedom of Information figures on the extremely high social care costs being borne by SPS. (See this article.) We provided background reports to various media outlets about this which featured in press comment and also appeared on BBC Radio Scotland Drivetime to discuss it further.

A BBC Disclosure documentary, which aired in February 2024, included a quote from Ms Medhurst that nothing would be taken off the table if the prison population exceeded 8,500 and that she may have to say “enough is enough, we can’t take any more [people]”. The Cabinet Secretary for Justice also appeared, advising that “doing nothing is not an option”.

These themes could also be seen in the National Preventive Mechanism's Annual Report 2022-23 which was published in February 2024. It urged governments to heed outstanding recommendations made repeatedly by scrutiny bodies over several years. These included: overpopulation of prisons; the lack of access to meaningful, educational and rehabilitative activities in custody; severe staff shortages, including healthcare and mental health staff; a lack of record keeping, information sharing, and analysis; and a lack of timely investigation of serious incidents, including deaths in custody.

On 27 February 2024 the Cabinet Secretary announced proposals to set up a review into sentencing and penal policy in order "to ensure that the right people are there at the right time".

On 12 December 2023, Audit Scotland published its 2022/23 Audit of the Scottish Prison Service. It reported that despite an increase of 13.5% in the 2023/24 budget of £540.8m, SPS is still forecasting a shortfall of £19.5m. Without this money being made available it advises that there will be a delay to capital expenditure projects in subsequent years i.e. for HMPs Glasgow and  Highlands, and the additionally planned work for HMP Stirling. The average cost per prisoner space has increased to £44,620. The report reiterated issues previously raised by HMIPS e.g. the unsafe internal environment of HMP Addiewell; the unsuitability of HMP Greenock’s buildings; and the essential need to replace HMPs Barlinnie and Inverness. Whilst it doesn’t give any timelines for the former’s replacement, it advises that “HMP Highland [HMP Inverness replacement] is expected to be operational in June 2025”.

The report also advised that the prison estate currently has a target operating capacity of 8,007. An “extended operating capacity” of 8,475 means it could hold more prisoners, but only under a restricted regime i.e. meeting legal requirements such as access to open air and visits, but curtailing other activities such as work and recreation.