Prisoners (Early Release) (Scotland) Bill: equality impact assessment

The Scope of the EQIA

This EQIA assesses the impact of the Bill on individuals, looking at the following protected characteristics:

• Age
• Disability
• Sex
• Pregnancy and maternity
• Gender reassignment
• Sexual Orientation
• Race
• Religion/Belief

In developing the Prisoners (Early Release) (Scotland) Bill, the Scottish Government is also mindful of the three needs of the Public Sector Equality Duty (PSED) as set out in section 149 of the Equality Act 2010, to eliminate unlawful discrimination, harassment and victimisation; to advance equality of opportunity between people who share a protected characteristic and those who do not; and to foster good relations between people who share a protected characteristic and those who do not. Where any negative impacts have been identified, we have sought to mitigate or eliminate these. We are also mindful that the equality duty is not just about negating or mitigating negative impacts, as we also have a positive duty to promote equality. We have sought to do this throughout the provisions of the Bill.

It is important to emphasise the scope of this impact assessment is limited to assessing the potential impact of bringing forward the point of release for most short-term prisoners from 50% to 40%. This equates to a maximum of approximately 21 weeks difference between the current and new release point. This is not an assessment of the impact of imprisonment or release more generally. This EQIA does not cover the potential impact across protected characteristics of the subordinate legislation-making powers. Should the powers be used at a later stage to further change the point of release for short-term prisoners, or to make a change to the release point for long-term prisoners, then a new EQIA based on the relevant change would be required to determine the impacts across protected characteristics.

This Bill has the potential to impact those who come into contact with the justice system, particularly those serving short sentences of under four years, their families, and victims of crime. However, due to the relatively short period of time that many individuals will be released early, the impact of the change is likely to be limited. Some impacts would likely occur at the point the prisoner is currently released at the halfway point (50%), and are not expected to be specifically impacted by moving the release point to the two-fifths point (40%).

The Bill is also likely to have an impact on Scottish Prison Service staff and those working within prisons, as well as staff delivering post-release support within public bodies and the third sector. There may be different impacts on staff in these organisations in the short and longer-term.

A wide range of published material on prison populations was sourced to understand the demographic makeup and known incidence of specific protected characteristics of those within the prison population; the impacts of being involved with the justice system as an accused, person who is sentenced to detention or as a child or close relative of someone in prison custody; and as victims of crime. We referred to Scottish Government research, responses to public consultations and publications from the third sector and academia.

Given the urgent requirement to take action to reduce the prison population, a consultation has not been held specifically on bringing forward the point of release for short-term prisoners. A consultation was launched on 8 July 2024 and closed on 19 August 2024 seeking views on proposals to bring forward the release point for some long-term prisoners, which was considered by the Scottish Government to be a feasible and proportionate way to reduce pressure on the prison estate^[8]. A total of 161 responses were received from a range of organisations and individual respondents. In addition to the public consultation, two virtual workshops were held for stakeholders. Through this engagement a range of views and experiences were expressed relating to prisoner release and the justice system in general, much of which is relevant context to this Bill.

Key stakeholders and partners have also been involved in the development of this Bill in terms of who is eligible for an earlier release point and planning for implementation, as well as to understand the potential impact of the change . Discussions have taken place with the Convention of Scottish Local Authorities (COSLA), the Scottish Prison Service (SPS), Social Work Scotland (SWS), the Crown Office and Procurator Fiscal Service (COPFS), Victim Support Organisations (VSOs) and the Scottish Courts and Tribunals Service (SCTS) to inform development of the Bill and raise awareness of the changes.

The overall feedback we have received from system partners has supported the view that there is a need to reduce the prison population to a sustainable level in order to protect the safety and rights of prison staff and prisoners in their care, and in order to allow for the provision of rehabilitative practices in custody and in the community that support a reduction in reoffending.

VSOs have raised concerns around the impact of the earlier release of prisoners generally on victims, however have welcomed exclusions for domestic abuse and sexual offences. Officials will continue to engage with a wide range of stakeholders including those representing the needs and rights of victims to understand what additional information or support may be beneficial throughout the legislative process and implementation.