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The final report and recommendations of the independent Commission on Sentencing and Penal Policy.

Executive Summary

In recent decades, Scotland has consistently had one of the highest prison population rates in Western Europe. In October 2025, Scotland’s prison population reached its then highest ever recorded level of 8430 and the Scottish Parliament agreed to more tranches of emergency release of some short-term prisoners to support an immediate reduction in the prison population. Further rises would push the system beyond its limit. Behind the numbers are very difficult living and working conditions which limit opportunities for rehabilitation. Yet this is not simply another report about prisons, it goes much wider and deeper than that.

Scotland’s penal system is once again at a critical inflection point. That is why in February 2025, the Cabinet Secretary for Justice and Home Affairs, Angela Constance MSP, announced in Parliament that the work of the Sentencing and Penal Policy Commission was now underway and would deliver detailed, actionable recommendations for change by the end of the year.

The remit of this independent commission has been to consider how imprisonment and community-based interventions are used in Scotland and make recommendations to ensure that Scotland has a sustainable prison population. In this report we have taken a holistic approach that makes ambitious recommendations for change at each key stage in the system, including prevention, direct measures, bail and remand, community sentencing, release from custody and community reintegration. We have also looked more broadly at how to strengthen the delivery of community justice structures, and how to foster the effective data sharing and analysis required for evidence-informed policymaking. Accountability and leadership are themes which underpin what we say and recommend.

Our report recognises and builds upon the work of those who have gone before us, especially the Scottish Prison Commission (‘McLeish Commission’) in 2008, and subsequent relevant reviews and reports. We analyse what has held Scottish justice back in making bigger changes and deeper shifts since (Annex B), setting out recommendations for change and planning for much longer horizons. Our report also recognises that the Commission has greatly benefited from insights offered by people across the length and breadth of this nation.

We believe that to take our recommendations forward is an invitation to choose a different path for Scotland – one that uses imprisonment more wisely; reduces reoffending and leads to fewer victims, strengthens community responses, and makes prevention a genuine driver of public service delivery. Realising that vision will require political leadership, sustained investment, and a shared commitment across government and society. With determination and a sound grasp of the evidence, Scotland can transform its justice system to create a fairer and more effective, society for all of us.

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