prison population
Reducing Scotland's Prison Population (Yet Again ...)
Following the launch of the consultation on proposals to change the point of release for long term prisoners on 8 July 2024, the consultation report was published on 10 October 2024. On the same day, the Cabinet Secretary made a Statement to Parliament. As she had been warned, the prison population had quickly returned to pre-emergency release levels.
A report published on 2 September 2024 on the Early Release of Prisoner and Prescribed Victim Supporters (Scotland) Regulations 2024 is available here. It showed that 477 people were released under the emergency release regulations, with Governors having vetoed 171 of those initially identified.
A further report published on 2 October 2024 showed that of the 477 released prisoners, 57 (12%) of them had been returned to prison having been accused/convicted of further offending. (This is lower than the ‘normal’ rate of reoffending over a similar time period.) The average time in the community was between 2 and 61 days, with an average time length of 22 days.
On the day of the Parliamentary Statement the population stood at 8,322, against an operating target of 8,007. The Cabinet Secretary thus advised that in November 2024 she would be introducing new proposals to move the point of automatic release for short-term prisoners from 50% to 40% in the expectation that this would immediately reduce the population by between 260 and 390 people and would continue to do so in a sustainable way. She also advised that HDC GPS technology would be introduced in January 2025 (subject to Parliamentary approval).
The Cabinet Secretary’s statement was followed by one from the Lord Advocate (Dorothy Bain KC) who advised that she would be issuing short-term guidance to sentencers making decisions regarding bail and remand. The guidance does not apply to those involved in allegations of domestic abuse or sexual violence. Much of it appeared to reflect points that we had made previously about the importance of information being made available to sentencers at the point of setting bail and discouraging automatic objections to it by the Crown. Bail reviews are to be encouraged alongside a full roll-out of the successful Summary Case Management pilot which was launched at Dundee, Hamilton and Paisley Sheriff Courts and before being extended to Glasgow and Perth.
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.
Prison Population Pressures
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".
Scottish Prison Population Statistics 2022-23
On 5 December 2023, the Scottish Prison Population Statistics 2022-23 were published by the Scottish Government’s Chief Statistician. They cover the period from 1 April 2022 to 31 March 2023, so the headline figure of a daily prison population decrease of 1% is slightly misleading.
Prison Population Projections
On 14 November 2023, the Scottish Government published its Prison Population Projections for the six month period from October 2023 to March 2024. The projected population range is between 7,500 and 8,650. It followed receipt of a letter that the Prison Governors' Association had sent to the Scottish Parliament's Criminal Justice Committee in which its Chair, Natalie Beal, wrote: “If we continue this path, we are at best providing humane containment, albeit even this may be at a stretch, with many prisons already operating restricted regimes, resulting in the provision of little or no positive rehabilitative work”.
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Archive
2024
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Reducing Scotland's Prison Population (Yet Again ...)
4th November 2024
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No Children in Prisons in Scotland
4th November 2024
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HMIPS Inspection Reports - Women's Estate
4th November 2024
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High Secure Mental Health Unit for Women
4th November 2024
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HMIPS Annual Report 2023/4
4th November 2024
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Children's Hearings Redesign Consultation
4th November 2024
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‘Review…Review ... Recommend … Repeat … An assessment of where human rights have stalled in places of detention’
4th November 2024
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Scottish Sentencing Council - Draft Rape Sentencing Guidelines
4th November 2024
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HMIPS Thematic Review of Prison Progression
4th November 2024
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Reducing Scotland's Prison Population (Again)
4th November 2024
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Order for Lifelong Restriction Prisoner Judicial Review
4th November 2024
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HMIPS Full Inspection of HMP Edinburgh
4th November 2024
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GEOAmey Prison Transport Contract Issues
4th November 2024
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Closure of Turning Point 218
4th November 2024
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Deaths in Custody
4th November 2024
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Prison Population Pressures
4th November 2024
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HMIPS Full Inspection of HMP & YOI Polmont
24th April 2024
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Audit Scotland: 2022/23 Audit of the Scottish Prison Service
24th April 2024
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SPS Policy for the Management of Transgender People in Custody
24th April 2024
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Scottish Prison Population Statistics 2022-23
24th April 2024
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Scottish Crime and Justice Survey 2021/22
24th April 2024
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Criminal Justice Committee: Pre-budget Scrutiny Report 2024/5
24th April 2024
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Coronavirus (Recovery and Reform) (Scotland) Act 2022
24th April 2024
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Prison Population Projections
24th April 2024
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HMIPS Full Inspection of HMP Perth
24th April 2024
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Cabinet Secretary for Justice Statement to the Scottish Parliament
24th April 2024
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HMIPS Annual Report 2022-23
24th April 2024
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SPS Corporate Plan 2023 - 2028
24th April 2024
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Justice Analytical Services (JAS) Safer Communities and Justice Statistics Monthly Data Report
24th April 2024
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Deaths in Prison Custody in Scotland 2012-2022
24th April 2024
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Scottish Sentencing Council: Statutory Offences of Causing Death By Driving Guideline
24th April 2024
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The Case for Gendered and Intersectional Approaches to Justice
24th April 2024
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Associations Between Significant Head Injury in Male Juveniles in Prison in Scotland UK and Cognitive Function, Disability and Crime
24th April 2024
2023
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HMIPS Thematic Review of Segregation in Scottish Prisons
18th September 2023
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HMP Greenock Full Inspection Report
18th September 2023
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Bail and Release from Custody (Scotland) Bill
18th September 2023
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Recorded Crime in Scotland 2022-2023
18th September 2023
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Prison Mobile Phone Phase Out
18th September 2023
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Children (Care and Justice) (Scotland) Bill
18th September 2023
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Scottish Courts and Tribunals Service Corporate Plan (2023-26) & Business Plan (2023-24)
18th September 2023
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Prisoner Voting
18th September 2023
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HMP Addiewell Full Inspection
18th September 2023
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Journey Times in Scotland's Criminal Justice System Report
18th September 2023
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Joint Review of Diversion From Prosecution
18th September 2023
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'Still Nothing to See Here' Follow Up Report
18th September 2023
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Scottish Parliament Pre-Budget Scrutiny
18th September 2023
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HMIPS Annual Report 2021-2022
18th September 2023
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HMIPS Strategic Plan 2022-2025
18th September 2023
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HMP Shotts: Full Prison Inspection
18th September 2023
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Court Backlog Modelling
18th September 2023
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Scottish Prison Population Health Needs Report
18th September 2023
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The New Women's Prison Estate in Scotland
18th September 2023
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Recorded Crime in Scotland 2021-2022
18th September 2023
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Scottish Sentencing Council Reports
18th September 2023
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Mental Health Support in Scotland's Prisons 2021: Under-Served and Under-Resourced
18th September 2023
2022
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Judged on Progress: the Need for Urgent Delivery on Scottish Justice Sector Reforms
21st April 2022
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Age of Criminal Responsibility (Scotland) Act 2019 Implemented
21st April 2022
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Independent Review of the Response to Deaths in Prison Custody
21st April 2022
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Scottish Sentencing Council: Guideline on the Sentencing of Young People
21st April 2022
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HMIPS Annual Report 2020-2021
21st April 2022
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HMIPS Health and Well-Being Pre-Inspection Survey
21st April 2022
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Scottish Sentencing Council Report: Judicial Perspectives on Community-Based Disposals
21st April 2022
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Reconviction Statistics: 2019-19 Offender Cohort
21st April 2022
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Recorded Crime in Scotland 2020-2021
21st April 2022
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HMIPS Liaison Visit to HMP Greenock
21st April 2022
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HMIPS Liaison Visit to HMP Castle Huntly
21st April 2022
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Audit Scotland: Community Justice Sustainable Alternatives to Custody
21st April 2022
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Mental Welfare Commission Report: Women and Mental Ill-Health
21st April 2022
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Membership of the new Scottish Parliament Criminal Justice Committee Announced
21st April 2022
2021
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The Scandal of Remand in Scotland: A Report by Howard League Scotland – May 2021
21st May 2021
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An Urgent Plea from Howard League Scotland Committee
21st April 2021
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Expert Review of Mental Health Support For Young People Entering And In Custody At HMP&YOI Polmont - Final Progress Update
15th April 2021
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Extended Presumption Against Short Sentences Monitoring Information: January – December 2020
15th April 2021
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Scottish Crime & Justice Survey 2019-20
15th April 2021
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Criminal Justice Social Work Statistics: 2019 -20
15th April 2021
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HMIPS Liaison Visit to HMP/YOI Grampian
15th April 2021
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Review of Forensic Mental Health Services in Scotland Final Report
15th April 2021
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The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Rules
15th April 2021
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Covid19 Court Restrictions Extended
15th April 2021
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The Community Orders (Coronavirus)(Scotland) Regulations 2021
15th April 2021
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The Restorative Justice (Prescribed Persons) (Scotland) Order 2021
15th April 2021
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Allan Marshall FAI Recommendations
15th April 2021
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The Parole Board (Scotland) Amendment Rules 2021
15th April 2021
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Effects of New Covid19 Variant
15th April 2021
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Scottish Courts and Tribunals Service (SCTS) Criminal Case Throughput Data
15th April 2021
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Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Report
15th April 2021
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Reconviction Rates in Scotland: 2017-18 Offender Cohort
15th April 2021
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Justice Committee Evidence Session - Covid19 Effects on Criminal Justice System
15th April 2021
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HMIPS Liaison Visit to HMP Kilmarnock
15th April 2021
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Management of Offenders (Scotland) Act - Electronic Monitoring
15th April 2021
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Outstanding Unpaid Work (Community Payback Orders)
14th April 2021
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HMP Dumfries Full Inspection
14th April 2021
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New European Prison Rules
14th April 2021
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Scottish Prison Population Statistics 2019 - 2020
14th April 2021
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HMIPS First Liaison Visit to HMP Addiewell
14th April 2021
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HMIPS First Liaison Visit to HMP Edinburgh
14th April 2021
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Disclosure (Scotland) Act
14th April 2021
2020
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HMIPS: Remote Monitoring and Liaison Visits
16th November 2020
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Virtual Visits and Mobile Phones in Scottish Prisons
16th November 2020
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SPS Covid19 Route Map
16th November 2020
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Scottish Crime and Justice Survey 2018-19
16th November 2020
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HMIPS Inspection of HMP Edinburgh
16th November 2020
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Jackie Tombs – A Note of Appreciation
20th August 2020
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Three Keys to Unlocking the Problem of Prisons in a Pandemic
25th June 2020
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‘Prisoner householding’: the latest threat from Covid-19
29th April 2020
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COVID-19 in Scottish Prisons: Update #1
30th March 2020
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COVID-19 in Scottish Prisons
30th March 2020
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Scottish Elections (Franchise and Representations) Bill Passed
30th March 2020
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Disclosure (Scotland) Bill Report
23rd March 2020
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Age of Criminal Responsibility (Scotland) Act
23rd March 2020
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Scottish Elections (Franchise and Representations) Bill Report
23rd March 2020
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Independent Review of the Handling of Deaths in Custody
23rd March 2020
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Evidence to Education and Skills Committee: Disclosure (Scotland) Bill
23rd March 2020
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HMP Glenochil Full Inspection
23rd March 2020
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Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
23rd March 2020
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Pre-Budget Scrutiny
11th February 2020
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Throughcare Service Provision Announcement
11th February 2020
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Recorded Crime in Scotland: 2018-2019
11th February 2020
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Evidence to Standards, Procedures and Public Appointments Committee: Prisoner Voting
11th February 2020
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Audit Scotland audit of SPS
11th February 2020
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Scottish Government - Programme for Government 2019/20
11th February 2020
2019
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HMIPS Annual Report 2018-19
5th November 2019
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Fatal Accident Inquiry - Allan Marshall (HMP Edinburgh)
5th November 2019
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Franchise Extended to Prisoners to Vote in the Shetland By-Election
5th November 2019
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Suspension of SPS Throughcare Support Service
25th July 2019
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Management of Offenders (Scotland) Bill
1st July 2019
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Presumption Against Short Sentences (PASS)
28th June 2019
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UN Committee Against Torture - Key Concerns
11th March 2019
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New Strapline Brief
28th January 2019