Scotland’s prison system is facing a mounting crisis as Justice Secretary Angela Constance warns of a “critical risk” to public safety and justice outcomes due to soaring overcrowding levels — prompting calls for a national rethink on the purpose of incarceration.
The situation, described by insiders as “beyond breaking point”, has forced the Scottish Government to consider emergency measures — including early release of some inmates and expanded use of electronic tagging.
At the heart of the issue is a prison population that has grown sharply in recent years, now exceeding the system’s operating capacity by hundreds. With staff shortages, mounting mental health concerns, and a wave of delayed court cases pushing the system further toward collapse, Scotland is on the verge of a full-blown penal crisis.
Pressure on All Fronts
In a statement to the Scottish Parliament on Thursday, Constance told MSPs that the country needs a “national conversation” about the purpose and limits of incarceration.
“Prison is necessary for the most dangerous offenders,” she said. “But it cannot be the default response to all social harms. Overcrowding undermines rehabilitation, endangers staff, and fails the public.”
Current figures from the Scottish Prison Service (SPS) show the prison population nearing 8,200 — well above the recommended design capacity of approximately 7,500. Some facilities, such as Barlinnie in Glasgow, are reportedly operating at over 130% capacity.
Emergency Measures Under Way
To mitigate the strain, the Scottish Government is weighing a series of controversial options:
-
Early release for some prisoners — including those serving time for less serious non-violent offences — under controlled licensing.
-
Extension of home detention curfew (HDC) rules to allow more short-term prisoners to serve the latter portion of their sentences in the community.
-
Review of sentencing practices in partnership with the Scottish Sentencing Council to explore alternatives to custody for minor and first-time offences.
The Justice Secretary has also ordered a “co-ordinated response” from across government, working with health, housing, and social work bodies to reduce the number of people being funnelled into custody for lack of other services.
Constance emphasised that no decisions would be taken lightly and that public safety remained paramount.
A System Under Strain
The warning follows several years of rising concern from inspectors, prison unions, and justice charities about deteriorating conditions behind bars.
A 2024 report from HM Chief Inspector of Prisons described several prisons as “functionally uninhabitable” due to overcrowding, poor ventilation, and outdated infrastructure.
Frontline staff have reported escalating violence, growing drug use, and a sharp rise in mental health emergencies.
“We’re not just warehousing people — we’re watching them deteriorate,” said one long-serving officer at HMP Perth. “It’s soul-destroying.”
Charities like Howard League Scotland have long called for a shift away from short prison sentences, arguing they offer “no rehabilitative value” and contribute to a cycle of reoffending and instability.
Political Tensions and Party Lines
The prison overcrowding crisis has triggered sharp political divisions.
The Scottish Conservatives have accused the SNP-led government of losing control of the justice system, pointing to delayed capital investments in new prison infrastructure and what they describe as “soft-touch justice.”
“The SNP have allowed our prisons to slide into chaos,” said Conservative justice spokesman Russell Findlay MSP. “Early release won’t cut it. We need more prison places and tougher sentences.”
Scottish Labour, meanwhile, has called for a cross-party summit, urging the government to place victims at the centre of any reforms while also addressing root causes such as poverty, trauma, and addiction.
“We can’t just tinker with the sentencing knobs while ignoring what drives people into the system,” said Labour MSP Pauline McNeill. “This requires systemic change, not a sticking plaster.”
Independence Debate Adds Layer of Complexity
The debate around Scotland’s prisons is unfolding alongside a broader conversation about state capacity and autonomy, especially as the Scottish Government pursues its case for independence.
While criminal justice is devolved, many economic and social policy levers remain tied to Westminster — prompting some in the pro-independence camp to argue that only full control over tax and welfare can allow Scotland to design a justice system that truly reflects its values.
Former Justice Secretary Kenny MacAskill, now with the Alba Party, argued this week that the crisis illustrates how devolution is being “stretched to its limits.”
“Without control of the macro levers — housing, benefits, economic stimulus — we’ll keep seeing people end up in prison because we failed to support them outside it.”
Long-Term Reform on the Horizon?
While emergency steps may offer short-term relief, experts say Scotland must rethink the role prison plays in its justice system.
A growing number of voices — from criminologists to victims’ advocates — are calling for a shift toward community justice, restorative approaches, and investment in early intervention.
Professor Fiona Jamieson of the University of Glasgow’s Law School notes that Scotland already imprisons people at one of the highest rates in Western Europe, despite falling crime levels.
“This isn’t about being soft on crime. It’s about being smart — and sustainable,” she said.
A major consultation on the future of Scottish sentencing and corrections is expected later this year, with some MSPs pushing for the creation of a National Commission on Penal Reform.
