Overcrowded prisons are a symptom, not the problem

That Scotland is once again considering earlier release for more prisoners is a warning sign that prison overcrowding is a symptom of a much bigger problem. 

As the Scottish Government's consultation on prison population and penal reform closes today, Children First is urging ministers to look beyond short-term fixes and commit to the deeper reforms needed to prevent crime, protect victims and reduce offending for good. 

Over recent years, Scotland has repeatedly relied on early release measures to reduce pressure on overcrowded prisons. Yet the prison population is still rising, a trend that is forecast to continue, forcing consideration of ever more drastic early release measures. 

If Scotland wants a sustainable solution, the debate cannot begin and end with sentencing thresholds, release dates and prison capacity. We need to look at the entire system, from the prevention of harm and crime through to rehabilitation, victim recovery and community safety. 

Prevention must be the starting point 

As the Justice Secretary recognises, the most effective way to reduce pressure on the justice system is to prevent offending from happening in the first place. 

Prevention means investing in children, families and communities long before problems escalate into crisis. It means tackling poverty, strengthening family support, improving access to mental health services and ensuring children grow up with the safety, stability and opportunities they need to thrive. 

It means facing up to the breadth and depth of harm being enabled and encouraged online as early and repeated exposure to violent and pornographic content normalises harmful attitudes and behaviours. 

Last year, Scotland saw a ten percent increase in sexual crimes recorded, with cyber-crimes representing more than a quarter of those offences.

AI is enabling exponential growth in child sexual abuse material, which fuels sexual interest in children, normalises extreme violence and increases the risk of contact offending. 

Unless urgent action is taken, more harmful behaviour, enabled or encouraged in online spaces, will put more pressure on the prison population. 

Substantial investment is needed to prevent these harms. Scotland has a strong track record of tackling similar issues through a public health approach. 

Online harm is the childhood emergency of our time and demands a public health approach on a par with seatbelts, smacking and smoking to tackle it. 

Community sentences need investment 

When offences do happen, Scotland needs properly funded options to respond to them. 

Short periods of imprisonment do not always reduce reoffending and can add to the harm for individuals, families and communities have already suffered. 

But, for community sentences to be credible, they must be consistently available and able to address the underlying causes of crime, respond effectively to breaches and help prevent reoffending. 

Too often, the infrastructure needed to make these options work simply is not there. Community justice services, mental health support, substance use services and specialist behaviour-change programmes require sustained investment. 

We also need to modernise aspects of the justice system that no longer meet the needs of children and families. Better electronic monitoring of offenders, including the use of GPS technology, faster responses to breaches and greater transparency around sentencing and release decisions would all help to improve safety and public confidence. 

Victims cannot be an afterthought 

Alongside better support for rehabilitation of offenders, victims need better support to recover. 

Too many families who have been victims of crime tell us they feel unsupported once a court process ends. They are expected to navigate recovery, safety planning and uncertainty about release arrangements largely on their own. 

Children who have experienced abuse, exploitation or violence have a right to protection, recovery and support. Real progress has been made since Children First opened Scotland’s first Bairns Hoose in 2023, which provides a combined alternative to courts, social work offices and police stations and gives each young person expert support to recover. 

But further action is needed. Children should not be asked to go to court unless it’s absolutely and unavoidably necessary. Legislation needs to be updated to reinforce this and victims need clear information about sentencing decisions, release arrangements and breaches of court orders. They need confidence that their safety remains a priority. 

A chance for meaningful reform 

Scotland's prison population challenge should be seen as an opportunity to rethink our approach to justice. 

Reducing prison numbers will only happen if we create the conditions that prevent harm, support recovery and help people build safer futures. 

That will require long-term investment in prevention, family support and community services and a justice system that protects victims, listens to children and responds effectively to risk. 

Most of all, it means looking beyond prison walls and addressing the social challenges that drive offending and reoffending. 

If we want lasting change, prison reform must be about much more than early release. It must be about building a safer Scotland for children, families and communities.