Scotland’s prisons approach needs fundamental reform, according to watchdog report

Scotland’s approach to prisons needs fundamental reform, according to a new report by the independent sentencing watchdog.  

The independent Sentencing and Penal Policy Commission has recommended earlier intervention through greater use of alternatives to court, ending ineffective short prison sentences, expanding high-quality, flexible community sentences to address the causes of offending, cutting delays, and improving outcomes for victims.  

The report says: “When passing a sentence of fewer than 24 months, members of the judiciary should provide a written note of all the available alternatives considered and why, bearing in mind the particular facts and circumstances of the case, no other method of dealing with the person was appropriate.

“Data on the reasons provided should be gathered in a format that is amenable to systematic collation and analysis.”

It follows a year-long review of the criminal justice system, specifically examining what leads people to be taken into custody, what happens to them while they are there, and how they can improve their lives once they have been released. 

Writing for Holyrood, Martyn Evans, the chair of the commission, said building more prison capacity in response to overcrowded prisons will not cut crime and “risks locking Scotland into a cycle”, and as prison populations rise to beyond capacity, “stability declines, purposeful activity shrinks, and rehabilitation becomes harder to deliver”. 

The commission has also called for stronger rehabilitation in prison, earlier release with enhanced community supervision, and long-term planning to reduce Scotland’s prison population to around the European average. 

Evans said: “The standard policy reflex, to build more prison capacity, risks locking Scotland into a cycle. If we expand the estate without changing what drives admissions, length of stay and return to custody, Scotland will simply fill the new spaces.” 

Figures from August 2025 show that Scotland's incarceration rate per 100,000 population was 149, which is similar to England and Wales (142), but substantially higher than most countries in the European Union. 

Taking evidence from justice leaders, practitioners, third sector stakeholders, victims, and people with experience of the justice system, Evans said the story the commission heard “is not that the Scottish people are uniquely criminal and must be imprisoned more than their Western European peers”. 

Evans said: “Instead, we were told that if Scotland wants fewer victims and safer communities, we should focus on building a justice system that follows the evidence and responds quickly, proportionately and effectively to address the issues that lead to crime in the first place.” 

He added: “Prison should be for serious and dangerous offenders, not for people who need help, support or simply a second chance. We need to choose a different path – one that uses imprisonment more wisely, reduces reoffending and strengthens community responses.” 

Commenting on the report, the justice secretary Angela Constance welcomed the commission’s review and report.

She said: “The breadth of recommendations requires detailed consideration and prioritisation. Taking this forward will be a matter for an incoming government, with many requiring legislative change.

“Bold, collaborative action is needed to reduce reliance on custody and achieve a sustainable prison population. We are committed to taking action.

“There is no silver bullet but these considered recommendations can help us achieve a sustainable prison population.

“We remain an outlier in prison numbers. While prison will always be necessary, we need to shift the balance to community justice, which is shown to reduce reoffending and be more cost-effective for the public purse.

“I will consider the detail of the report and set out my in-principle response to the report in a statement to parliament next week.”

In a letter to Constance, the Scottish Conservative’s justice spokesperson, Liam Kerr, urged her to “put a red line straight through” the recommendation on prison sentences of up to two years. 

Kerr said: “This proposal would hand a get out of jail free card to huge numbers of serious offenders who belong behind bars.” 

He added: “The consequences of such a measure would be overwhelmingly negative and have repercussions, socially, legally and morally, way beyond the mere change in sentencing. 

“Effectively dispensing with sentences of under two years would put public safety at risk by allowing dangerous criminals to roam Scotland’s streets. It would also display contempt to their victims.”