Action needed on rising Scottish prison population – Justice Secretary

Justice Secretary Angela Constance has said it is clear that action is needed to address the country’s increasing prison population which could reach “unprecedented” levels by the end of the year.

It comes after a report by His Majesty’s chief inspector of prisons for Scotland (HMIPS) warned the number of people in custody is projected to soar in the next year, with overcrowding being a key factor.

In her fifth annual report, HMIPS Wendy Sinclair-Gieben said that in February 2019 the overall number of inmates spanning Scotland’s 15 prisons exceeded 8,000 for the first time since 2013.

The report estimates that over the next 12 months the prison population, having reduced during the Covid-19 pandemic, will again exceed 8,000 and likely continue to rise.

In a letter to the Criminal Justice Committee, Ms Constance said that since the start of the current year, the prison population has risen by around 600 to 7,931 on September 11 2023.

She said that modelling for the population in Scotland “suggests it may reach unprecedented levels by the end of the year”.

Ms Constance said: “It is clear that action needs to be taken to address the increasing prison population which has extended beyond predictions. The rise is influenced by multiple factors including reducing the backlog of cases in our justice system by over a third.

“The Scottish Government is not changing its position on the use of prisons. They are necessary and the removal of someone’s liberty must always be available for our independent courts.

“Equally, we know that short periods of imprisonment, including for remand, can also have a hugely negative impact on individuals – disrupting families, their health, employment opportunities and housing which can then lead to reoffending.

“We are now working with justice partners to take forward a series of measures including making the best use of the current prison estate and sourcing additional prisoner places to ensure the safety and wellbeing of people living and working in prisons and those around them.”

The Scottish Government said that other action taken includes extending the presumption against short sentences from three to 12 months in 2019 and introducing electronic monitoring on bail.

Ms Sinclair-Gieben said: “There is one particular issue that I and my predecessors have consistently reported on: the entrenched issue of overcrowding in Scotland’s prisons.

“Put simply, we send far too many people to prison for the limited accommodation and resourcing available to achieve rehabilitative change.

“The reason I and my predecessors have focused strongly on overcrowding is that it affects every part of the criminal justice system, in particular the risk to the community.

“If individuals do not have their risks and needs addressed in prison, the rate of recidivism will remain high, and at significant cost to the public purse.”

The inspector also said it would be a “delight” to see men’s prison estates to match the improvements seen in women and children’s estates within the next five years.

The report also states that, throughout 2023, GEOAmey, which provides transportation services for prisoners, experienced a staff shortage which had an impact on prisons.

Ms Sinclair-Gieben said it would be a “travesty” if there is a delay in the arrival of HMP Glasgow and HMP Highland.

HMP Glasgow is set to replace HMP Barlinnie and is scheduled to open in 2026.

HMP Highland will replace HMP Inverness and was originally to open in 2020, but has since been pushed back to 2026.

Scottish Conservatives justice spokesman Russell Findlay described the HMIPS report as “damning”, stating it should serve as a “wake-up call for SNP ministers”.

A Scottish Prison Service spokesperson said: “We welcome the chief inspector’s report and her continuing recognition of the outstanding work of our staff in challenging circumstances, particularly in the face of a rising population.

“While it is not for us to determine who should be sentenced or remanded to custody, the impact on our establishments is significant.

“We are managing a rapidly rising and increasingly complex prison population, and many of our establishments are full beyond their design capacity. The safety and wellbeing of those in our care and of our staff remains our priority.

“These pressures are increasingly restricting our staff’s ability to do the quality work that supports the personal development, rehabilitation, and chances of successful reintegration into communities for those in our care.”

A GEOAmey spokesperson said: “GEOAmey acknowledges the content of His Majesty’s chief inspector of prisons annual report and appreciates that it recognises the challenges all agencies are facing within the post-Cocid-19 operating environment.

“GEOAmey continues to engage with our partners at SPS, SCTS, COPFS and Police Scotland on how to collectively address the systemic issues and inefficiencies which are evident throughout the justice system.

“Since taking responsibility for this service in 2019, GEOAmey has successfully transported around nine out of 10 prisoners to their scheduled location on time, with less than 1% of movements cancelled or unfulfilled as a result of GEOAmey failure. GEOAmey remains fully committed to continuous improvement of the services we provide.”