Scotland’s prison population: FOI Review

Information requested

Original request 202300380070

1. The full briefing provided to Angela Constance for her ministerial statement on Scotland’s prison population delivered on 3 October 2023.

2. The Scottish Government or Scottish Prison Service’s most recent projection of Scotland’s prison population for the future (covering any time period beyond the current date – if a specific date is required by the end of 2024, end of 2025 and end of 2026) and all the assumptions contained within the projection to come up with a figure for the future population. For example, the number of people it assumes will be remanded into custody during the time period of the projection, the number of sentenced prisoners entering custody during the time period’s projection (and the type of sentenced prisoners entering custody such as long-term, short-term, life prisoners etc.). If possible, please also break down the projected population by type of prisoner incarcerated (i.e long-term, short-term, remand, life etc.).

3. All correspondence involving the Cabinet Secretary for Justice & Home Affairs (and her office) related to using the powers of the Bail and Release from Custody Act 2023 to release prisoners early by ministerial regulation as set out in Section 11. Please provide all emails, meetings (on zoom, teams or in-person) and phone/conference calls involving the Cabinet Secretary on this matter between 1 July 2023 and the present date.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

• The full briefing provided to Angela Constance for her ministerial statement on Scotland’s prison population delivered on 3 October 2023.
• The Scottish Government or Scottish Prison Service’s most recent projection of Scotland’s prison population for the future (covering any time period beyond the current date – if a specific date is required by the end of 2024, end of 2025 and end of 2026) and all the assumptions contained within the projection to come up with a figure for the future population. For example, the number of people it assumes will be remanded into custody during the time period of the projection, the number of sentenced prisoners entering custody during the time period’s projection (and the type of sentenced prisoners entering custody such as long-term, short-term, life prisoners etc.). If possible, please also break down the projected population by type of prisoner incarcerated (i.e long-term, short-term, remand, life etc.).
• All correspondence involving the Cabinet Secretary for Justice & Home Affairs (and her office) related to using the powers of the Bail and Release from Custody Act 2023 to release prisoners early by ministerial regulation as set out in Section 11. Please provide all emails, meetings (on zoom, teams or in-person) and phone/conference calls involving the Cabinet Secretary on this matter between 1 July 2023 and the present date. 

You queried the use of exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views). You stated in your FOI review correspondence that all of the redactions made under free and frank provisions should be published because in your view the exemptions had not been used appropriately and the public interest test was “incorrectly applied”.

As you were advised in the original response, disclosure of the requested information would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions used recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching a settled public position. These exemptions are subject to the ‘public interest test’.

I have reconsidered the use of these exemptions and whether the public interest in disclosing information as part of open, transparent and accountable government, was appropriately considered. It is my view that in the main, officials redacted these documents appropriately to reflect the greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

However, on reviewing these redactions, there were a small number that in my view, can be appropriately released. The newly released information can be seen in Annex A. The page numbers referred to are those in the Annexes that were previously released to you, so you can see where these additional details were located.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202300386669 - Information released - Annex

File type

4 page PDF

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178.1 kB