Prisoners (Early Release) (Scotland) Bill: island communities impact assessment

Consultation and engagement

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 . 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 stakeholders listed above, at varying levels of detail, 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.