It remains the case that people with mental health problems are over-represented in prison, where facilities remain inadequate for their care and treatment. Many of these individuals are so vulnerable that we believe greater care should be taken in identifying them and ensuring appropriate support and/or sentencing.

Imprisonment should be used only exceptionally, for example, in cases involving serious violent offences (even then, the offender may be better placed in the State Hospital). There is also evidence to suggest that prisons cannot cater adequately for those with learning difficulties and that this hampers their capacity for rehabilitation.

See also: HM Chief Inspector of Prisons for Scotland: Out of Sight: Severe and Enduring Mental Health Problems in Scotland's Prisons