Neil Gray

Justice Secretary Neil Gray told Holyrood that further action was needed to ensure prisons could operate safely and effectively, allowing greater focus on rehabilitation and reducing reoffending.

The proposals, which are subject to an eight-week public consultation, include extending the presumption against short prison sentences from 12 months to 24 months and changing the definition of a short-term prisoner from someone serving less than four years to someone serving less than five years.

Other measures include making Community Payback Orders more flexible, strengthening the test for remanding accused persons in custody, and changing release arrangements for some long-term prisoners so they spend a greater proportion of their sentence under supervision and licence conditions in the community.

The plans follow recommendations from the Scottish Sentencing and Penal Policy Commission.

Alongside the reforms, ministers are considering expanding prison capacity through new houseblocks and temporary modular accommodation. The government also plans to expand the use of Home Detention Curfew and pilot GPS monitoring for some accused persons on bail as an alternative to remand.

Mr Gray said evidence showed community-based sentences were more effective at reducing reoffending than short custodial terms, which could disrupt employment, housing and family relationships.

He said: “Protecting victims and the public is my top priority, and I am clear that prison will always be necessary.

“It is absolutely crucial, however, that our prisons function safely and effectively. If not, rehabilitation breaks down, reoffending rises and more people become victims. With the sustained population pressures we have seen over recent years, that is the reality we are facing, and that is why we must act.”

He added that the reforms, alongside prison expansion, would help ensure that prisons were reserved for those posing the greatest risk while supporting rehabilitation and reducing crime.