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

Recommendations and Conclusion

The evidence gathered throughout the process of carrying out this EQIA has highlighted the potential impact of bringing forward the point of release for most people serving short-term sentences, their families, victims of crime and Scottish Prison Service staff, those working in prisons, and organisations that support victims and those being released from prison, and where there may be impacts that have a particular impact of specific protected characteristics.

Overall this process has identified that the Prisoner (Early Release) (Scotland) Bill is likely to have minimal impact on those who share any particular protected characteristic serving a short-term sentence, especially as the maximum period an individual could be released early as a result of this Bill is approximately 21 weeks. Any impact would likely occur at the point the prisoner is currently released rather than being specifically related to moving that release point to the two-fifths point (40%). However, there may be slightly positive impacts in terms of disability and age, as those with disabilities, who are also more likely to be older in age, may be more able to access a wider range of support in the community at an earlier stage than if the release point were to remain unchanged. There may also be a slightly positive impact on bisexual and gay people, and trans people, given the reported increased discrimination, stigma and isolation within prisons among people with these protected characteristics that leads to feelings of inequality, helplessness and social isolation. An earlier release point may reduce the length of time that these negative experiences are felt, and allow access to a wider range of support in the community at an earlier stage than if the release point were to remain unchanged.

There may be a slightly positive impact on the wider prison population in terms of a lower prison population generally reducing pressures, allowing SPS staff to better identify individual needs and ensure access to relevant support for those in their care.

There is also expected to be a positive impact on SPS staff and those working within prisons in terms of wellbeing and safety as a direct result of a more sustainable prison population.

The EQIA process has also allowed for concentrated evidence gathering around the prevalence of sexual offences and domestic abuse, those who commit these types of offences, and their victims. This evidence has informed the exclusions to a change to the release point for those serving all, or part, of their sentences for sexual offences or domestic abuse.

Ensuring victims of crime are able to access support and advice is also crucial. Victim Support Organisations (VSOs) provide help, advice and support to victims of crime. It is likely that there will be an impact on VSOs in terms of an increase in demand from victims for support and advice about the change to release point. This may be particularly pronounced when the Bill initially comes into effect due to a sizeable cohort of prisoners who have served between 40%-50% of their sentences being immediately eligible for release. To mitigate this impact, the Bill makes provisions to allow for the release of eligible prisoners in tranches.

The impact of the Prisoners (Early Release) (Scotland) Bill will be continuously assessed through regular engagement with the Scottish Prison Service, public bodies and organisations that support those being released from prison, and Victim Support Organisations. This EQIA will be updated at regular intervals, as relevant qualitative and quantitative evidence on the impact of this Bill become available.