Quarter of prison population held on remand, figures show

Around a quarter of prisoners in Scotland’s jails last year were being held on remand, new figures show, with the proportion of inmates who were either untried or unsentenced reaching a record level.

The average daily prisoner population for 2021-22 was 7,504 – up from 7,339 the previous year.

Despite the rise, the average daily prison population is down from the high of 8,198 in 2019-20.

Overall prisoner numbers were described as “stable” in 2021-22, but the average number of remand prisoners – those awaiting either trial or sentencing – increased by about 14% from 1,634 in 2020-21 to 1,862.

A report setting out the latest prison population statistics for Scotland said: “On the average day in 2021-22, around 25% of the prison population were held on remand – the largest proportion on remand on record.”

The slight increase in the average prison population to 7,504 comes after the total “fell rapidly in the first three months of the pandemic, from around 8,000 in March 2020 to just under 7,000 by June” of that year.

But the report added: “The population rose thereafter, and broadly stabilised from September 2020 at around 7,500.”

The average prison population “remained stable at this level throughout 2021-22”, it noted.

There were an average of 5,597 inmates serving a sentence in prison every day last year – down slightly from 5,658 in 2020-21.

The report also detailed a 12% rise in the number of people in prison after being convicted of threatening and abusive behaviour, increasing from 181 to 204 over this period.

Almost two-thirds (65%) of the average daily sentenced population were behind bars for either violent or sexual crimes last year – up two percentage points from 2021-22.

Meanwhile more prisoners spent longer stretches on remand, according to the data.

According to the figures, 90% of untried and unsentenced prisoners were released from remand – either being liberated or going on to serve a sentence – after 63 days in jail.

However by 2020-21, 90% of remand departures occurred within 109 days – with it rising again to 139 days in 2021-22.

The number of women in prison continued to fall, according to the figures, with the female population on an average day in 2021-22 down by 5% from the previous year to 282.

This was driven by a 7% decrease in the number of women serving a jail sentence, while the female remand population “remained stable”.

The number of under-21s in custody also fell last year, down from 215 in 2020-21 to 188 last year.

The reduction was mainly down to a 19% drop in young offenders serving a custodial sentence, while the average number on remand each day “fell only slightly”.

“While prison is always needed for serious offences, we continue to take forward action aimed at reducing the use of imprisonment and increasing the use of community-based interventions.

“That includes the Bail and Release from Custody Bill, introduced in June this year, which proposes to refocus how remand is used and improve support for people leaving prison, placing a greater emphasis on rehabilitation and reintegration.”

He also said measures to tackle Scotland’s courts backlog are having “positive impact”.

The Justice Secretary said: “We provided an additional £50 million in 2021-22, and a further £53.2 million for 2022-23, so that cases involving all accused, including those on remand, can be progressed and justice can be carried out in each case.

“Measures in place to address the backlog are having a positive impact. The total number of scheduled trials outstanding has reduced each month in 2022, and has fallen by over 12,000 since January.

“We also continue to strengthen the provision of credible alternatives to remand – for example we announced an additional £3.2 million to strengthen alternatives to remand earlier this year which will be targeted at bail provision.”

Liberal Democrat justice spokesman Liam McArthur said: “Increasing numbers are being held without a trial having taken place. That’s bad for both those accused and for their victims who are prevented from seeing justice done.

“It is time to tackle the huge backlog of cases clogging up our court system.

“Proper investment in bail supervision orders and electronic tagging could mean that remand is only used where it is necessary to safeguard communities and public safety.”