Scotland’s approach to prisons needs fundamental reform

Commission publishes recommendations for a fairer and more effective justice system.

Scotland must rethink its approach to sentencing and imprisonment according to the independent Sentencing and Penal Policy Commission.

The Commission's report highlights that Scotland consistently has one of the highest prison population rates in Western Europe and without significant reform, the current justice system is neither sustainable nor effective. 

Following its year-long review, the independent Commission has made a broad range of recommendations including:

• Acting early to resolve lower-level issues without going to court and increasing the use of alternatives so people can access support before offending escalates. This also shortens delays and improves how victims experience the justice system
• Prohibiting ineffective short custodial sentences under 12 months and instead promoting more effective community-based approaches to prevent reoffending and support rehabilitation
• Increasing the use of higher quality community sentences with greater flexibility, use of technology, unpaid work opportunities and more discretion for social workers
• Improving rehabilitation in prison and releasing long term prisoners at two thirds of their sentence with increased supervision and support in the community to help them build new, crime-free lives
• Long-term planning to realise the ambition of reducing the prison population to a level in keeping with the European average which would be around 5,775 prisoners in Scotland

Commission Chair Martyn Evans said:

“This is a critical moment for Scotland, with a record high prison population and a Justice system under pressure. It is time for that to change. Our Commission report sets out ambitious recommendations to deliver system-wide reform.

“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.

“Our report addresses the full journey through the justice system, from prevention and early intervention through to sentencing, rehabilitation and reintegration into communities. At every stage, our focus has been on what works to rehabilitate and reduce harm, improve lives and strengthen public safety. 

“We have listened carefully to the victims and survivors of crime who want to feel safe in their homes and their communities. Reducing reoffending and preventing crime is the surest way to achieve that goal. Our report also considers the need for victims to have clear information, trauma-informed support and protective measures like non-harassment orders, where appropriate.

“Our report sets out key areas where the next Scottish Government and Scottish Parliament will need to focus on delivering change and investing in solutions. Courage is needed for fundamental reform, not simply to continue coping with a crisis.

“By transforming our justice system, we can create a fairer and more effective society for all of us."

Background

Justice that works: Report of the Scottish Sentencing and Penal Policy Commission. 

The independent Sentencing and Penal Policy Commission was established in February 2025 by the Cabinet Secretary for Justice and Home Affairs Angela Constance.

Chair Martyn Evans and Commissioners

• Catherine Dyer, Chair of Community Justice Scotland and former Crown Agent, COPFS
• Cathy Jamieson, former Minister for Justice
• Sheriff David Mackie
• Dr Hannah Graham, Senior Lecturer in Criminology at the University of Stirling
• Lynsey Smith, Assistant Chief Officer for Operations and Governance Glasgow Health and Social Care Partnership

In 2025, the Commission undertook a series of meetings and visits across Scotland, meeting with the judiciary, prosecutors and lawyers, police, justice practitioners and leaders, victim support organisations, people with experience of the criminal justice system, academics, trade unions, and independent Inspectorates. The Commission also received over 100 submissions in response to a call for evidence.

Sentencing and Penal Policy Commission - gov.scot

As of Tuesday 3 February 2026, the total Scottish prison population was 8,301. The Sentencing and Penal Policy Commission has set out an ambition of working towards a prison population of 5,775. Previously, in 2008, the Scottish Prisons Commission made a similar recommendation that it should be nearer 5,000.

The majority of prison sentences (73% in 2023-24) imposed in Scottish courts are short sentences under 12 months, and sentences of three to six months were the most common over the past decade, meaning that, currently, people may only serve months, weeks or days in prison before being released. The Commission report recommends that, in most cases, short sentences under 12 months should be prohibited and community sentences should be imposed instead.

The release point for long-term prison sentences (over four years) is currently six months before the end of the sentence. Prior to 2015, the release point was after having served two thirds of the sentence, with supervised release for the final third in the community, to manage risk and promote reintegration. The Commission report recommends returning to the two thirds release point for long-term prison sentences.