In a new report the commission highlights that Scotland consistently has one of the highest prison population rates in Western Europe and without significant reform, the current justice system is neither sustainable nor effective. 

Following its year-long review, the independent 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. This 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 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.

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 addresses the full journey through the justice system, from prevention and early intervention through to sentencing, rehabilitation and reintegration into communities. At every stage, our focus has been on what works to rehabilitate and reduce harm, improve lives and strengthen public safety. 

“We have listened carefully to the victims and survivors of crime who want to feel safe in their homes and their communities. Reducing reoffending and preventing crime is the surest way to achieve that goal. Our report also considers the need for victims to have clear information, trauma-informed support and protective measures like non-harassment orders, where appropriate.

“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.

“By transforming our justice system, we can create a fairer and more effective society for all of us.”