Scotland’s approach to prisons needs fundamental reform, says independent Commission

Scotland consistently has one of the highest prison population rates in Western Europe.

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Without significant reform, the current justice system is neither sustainable nor effective, says the report.

Scotland must rethink its approach to sentencing and imprisonment, according to the independent Sentencing and Penal Policy Commission, of which the University of Stirling is a part.

Dr Hannah Graham, Senior Lecturer in Sociology, Social Policy and Criminology at Stirling, is one of the Commissioners of the body, which was established in February 2025 to consider how imprisonment and community-based interventions are used in Scotland.

A report from the Commission, published today, highlights that Scotland consistently has one of the highest prison population rates in Western Europe. On 11 November 2025, Scotland’s prison population reached a new highest recorded level of 8,441. 

Year-long review

The report says that, without significant reform, the current justice system is neither sustainable nor effective. Following its year-long review, the Commission has made a broad range of recommendations, including:

  • acting early to resolve lower-level issues without going to court and increasing the use of alternatives so people can access support before offending escalates - a measure that also shortens delays and improves how victims experience the justice system;
  • prohibiting ineffective short custodial sentences under 12 months and instead promoting more effective community-based approaches to prevent reoffending and support rehabilitation;
  • increasing the use of higher-quality community sentences with greater flexibility, use of technology, unpaid work opportunities and more discretion for social workers;
  • improving rehabilitation in prison and releasing long-term prisoners at two-thirds of the way through their sentence, with increased supervision and support in the community to help them build new, crime-free lives;
  • long-term planning to realise the ambition of reducing the prison population to a level in keeping with the European average, which would be around 5,775 prisoners in Scotland.
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Dr Hannah Graham
Senior Lecturer in Sociology, Social Policy and Criminology
It is in everyone's best interests that prisoners are better prepared for life on the outside - but those efforts are hindered when record high numbers mean some barely leave their cells. This must change.

Dr Graham is one of five Commissioners who, along with the Chair, make up the Sentencing and Penal Policy Commission. She said: “Pressures in our prisons have been talked about for years. Simply coping with crowding and crisis isn't working. It is in everyone's best interests that prisoners are better prepared for life on the outside - but those efforts are hindered when record high numbers mean some barely leave their cells. This must change.

"The Commission recommends that long-term prisoners get supervised release after two-thirds of their sentence. Currently, this group only gets six months of supervision in the community at the end of a long sentence, which is not enough. More time is needed to get them settled, supervise and reduce risks, and support community reintegration.”

Critical moment

Commission Chair Martyn Evans said: “This is a critical moment for Scotland, with a record high prison population and a justice system under pressure. It is time for that to change. Our Commission report sets out ambitious recommendations to deliver system-wide reform.

“Prison should be for serious and dangerous offenders, not for people who need help, support or simply a second chance. We need to choose a different path – one that uses imprisonment more wisely, reduces reoffending, and strengthens community responses.

“Our report sets out key areas where the next Scottish Government and Scottish Parliament will need to focus on delivering change and investing in solutions. Courage is needed for fundamental reform, not simply to continue coping with a crisis.”

In 2025, the Commission undertook a series of meetings and visits across Scotland, meeting with the judiciary, prosecutors and lawyers, police, justice practitioners and leaders, victim support organisations, people with experience of the criminal justice system, academics, trade unions, and independent Inspectorates. The Commission also received over 100 submissions in response to a call for evidence.

Read the Commission’s full report at Justice That Works: Report of the Scottish Sentencing and Penal Policy Commission