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Chamber and committees

Criminal Justice Committee

Prison Population

On 16 May 2024, the Cabinet Secretary for Justice and Home Affairs announced that she would be taking several urgent steps to address Scotland's prison population. This page contains information on those measures.

The Cabinet Secretary advised that several sections of the Bail and Release from Custody (Scotland) Act 2023 would be brought into force. These were:

  • Section 11 (power to release early) and section 14 (provision of information to victim support organisations) which were commenced on 26 May 2024
  • Section 5 (time spent on electronically monitored bail) of the Act which was commenced on 1 July 2024

Further information on the Regulations

The Bail and Release from Custody (Scotland) Act 2023 (Commencement No. 1) Regulations 2024 were laid before the Scottish Parliament on 16 May 2024.

The Bail and Release from Custody (Scotland) Act 2023 (Commencement No. 1) Regulations 2024

The Bail and Release from Custody (Scotland) Act 2023 (Commencement No. 1) Regulations 2024 Policy Note


The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024 were laid before the Scottish Parliament on 29 May 2024.

The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024

The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024 Policy Note

Call for views (closed)

The Committee has received a number of written submissions on the Scottish Government’s plans for the early release of short- and longer-term prisoners.

Criminal Justice Voluntary Sector Forum (286KB, pdf) posted 07 November 2024

COSLA (157KB, pdf) posted 07 November 2024

Families Outside (170KB, pdf) posted 07 November 2024

His Majesty's Inspectorate of Prisons for Scotland (140KB, pdf) posted 07 November 2024

Police Scotland (96KB, pdf) posted 07 November 2024

Prison Governors Association Scotland (86KB, pdf) posted 21 November 2024

Risk Management Authority (143KB, pdf) posted 07 November 2024

Scottish Centre for Crime and Justice Research academics (284KB, pdf) posted 07 November 2024

Scottish Prison Service (95KB, pdf) posted 07 November 2024

Scottish Sentencing Council (186KB, pdf) posted 07 November 2024

Social Work Scotland (163KB, pdf) posted 07 November 2024

Victim Support Scotland (190KB, pdf) posted 07 November 2024

Wise Group (152KB, pdf) posted 07 November 2024


Meetings

The Committee discussed the emergency release of prisoners and other key challenges in Scotland’s prisons at the following Committee meetings:

Correspondence

The Committee has sent and received the following correspondence during the inquiry:

Emergency Release - Governor Veto Guidance

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 11 June 2024

Emergency Release of Prisoners

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 29 May 2024

Prison Population

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 16 May 2024