Prisoners (Early Release) (Scotland) Bill: Fairer Scotland Duty impact assessment

3. Summary of assessment findings

This assessment process has identified a strong correlation between imprisonment and socio-economic disadvantage, meaning that the provisions in the Prisoners (Early Release) (Scotland) Bill are likely to impact many people who face socio-economic disadvantage who are eligible for release from prison at an earlier stage, as well as their families. However, bringing forward the point of release to following two fifths (40%) of the sentence specifically is not anticipated to have a significant impact in terms of inequalities of outcome. Many of the challenges faced by prisoners and their families relate to release from custody generally and are not expected to be specifically impacted by moving the release point from following half (50%) of the sentence, to the two-fifths point (40%).

For those who are eligible for release at an earlier stage, there may be a positive impact in terms of reducing time spent in detention during which time access to purposeful activity, positive social networks, family relations and supportive leisure activities can be limited. Bringing forward the point of release for some people serving short-term sentences could limit the impact of this by allowing earlier re-integration back into communities. In cases where the person being released is returning to a familial home, there could be a positive impact in terms of capacity for assistance with childcare and caring responsibilities within the household, work and earning potential, security, and emotional support. There is also a likely positive impact on households who spend on average one third of their disposable monthly income on supporting a family member who is in prison.

Whilst leaving prison can bring about positive impacts for those released and their families, there are challenges associated with transitioning into life in the community following a short sentence both for the person being released, and their families. This can include challenges accessing housing, social security benefits and employment. Many people being released from prison require housing support and help to apply for social security benefits on release.

Prisoners released from short-term sentences are not generally supervised on release, however they are entitled to request and receive voluntary throughcare. Voluntary throughcare aims to support the reintegration of those leaving prison back into the community and provide whole family support where needed. Bringing forward the point of release for some short-term prisoners may cause an initial increase in resource required from SPS staff and voluntary throughcare services to prepare those who will immediately become eligible for release on commencement of the legislation. Taking into account a potential initial increase in demand for throughcare services, and the transition of throughcare provision around the same time as the legislation commences, mitigations have been made within the Bill’s provisions in terms of the use of tranches for those initially eligible for earlier release, to reduce any possible negative impact on those released which could lead to inequalities of outcomes. This mitigation may be particularly important in terms of provision of services for prisoners who face more socio-economic disadvantage than others, who may be more reliant on support to successfully transition back into the community. Initial proposals were for the use of two tranches, however following feedback from services, this has been increased. The aim of this is to enable those being released from prison to reintegrate into communities, prevent reoffending, and support more positive outcomes.

Finally, this Bill may have a slightly positive impact on the wider prison population, in terms of reducing prison population pressures, allowing Scottish Prison Staff to better identify and manage individual needs and ensure access to relevant support for those who remain in their care, including access to activities that support rehabilitation and reduce reoffending.

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Name: Alex Doig

Job title: Deputy Director, Community Justice Division