Scotland imprisons more of its people than most of Western Europe – then lets them out early
Despite the ‘presumption’ against custodial sentences of 12 months or less, they still make up around 73 per cent of the total
Scottish prisons are under immense pressure. The Scottish Government’s early release scheme allows almost 1,000 eligible prisoners to leave custody early, aiming to ease the strain. Yet despite the scheme taking place twice in the past year, the prison population remains at a record high.
High prisoner numbers create a volatile environment, increasing the likelihood of violence – both between prisoners and towards staff. Research suggests prisoners in overcrowded conditions are up to 20 per cent more likely to be involved in assaults. Assaults on prison staff over the past year have been the highest in five years. Many officers say lack of time to spend meaningfully with prisoners is their biggest challenge, with some describing their work as ‘warehousing’ those in custody.
Overcrowding in prisons undermines rehabilitation. Access to work, education and rehabilitation programmes becomes more difficult. In a recent Scottish Prison Service (SPS) survey of 2,400 prisoners, more than a quarter said work or education activities they were signed up to were cancelled or cut short at least once a week due to short-staffing.
Staff burnout
The same pressure affects staff wellbeing. Stress was the leading cause of absences last year at 21 per cent. The SPS noted high prison populations appear to contribute to stress-related absence. When staff are off sick, those who remain absorb greater workloads, increasing the risk of burnout.
The survey found a third of prisoners had been in custody between one and five times, and one in ten more than ten times. This highlights that support in prison and after release is insufficient to address the root causes of offending.
Housing is one of those factors. Homelessness is recognised as a significant risk for offending, and a third of survey respondents said they didn’t know where they would live upon their release.
Short sentences exacerbate these issues. Although Scotland has a presumption against custodial sentences of 12 months or less, they still make up around 73 per cent of the total. These sentences disrupt lives but are too short to allow access to programmes that reduce reoffending. Research consistently shows that community-based sentences are often more effective at helping people desist from crime than short periods in custody.
Drug use in prisons
The prison environment itself can sometimes make things worse. While prison can be rehabilitative, it can also increase the risk of reoffending. People in custody may encounter others who introduce them to new criminal behaviours.
Drug use can increase in custody: 26 per cent of SPS survey respondents said their drug use had started or worsened in prison, a known risk factor for offending. Another study found that 76 per cent of prisoners in Scotland had a history of mental ill health, and 89 per cent of staff said they would appreciate more in-depth training to meet these complex needs.
Scotland imprisons more of its population than most other countries in Western Europe. This can change, but it will require long-term investment: in the workforce who are the backbone of the system; in the quality and consistency of opportunities available inside prison; and in community support upon release.
The emergency release scheme may buy time, but only strategic reform will make Scotland’s justice system safer and more effective for staff, prisoners and the public.
Kaigan Carrie is a criminologist and host of the Evolving Prisons podcast.
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