Debate on foreign prisoner removal amidst Scotland’s jail overcrowding

With Scotland’s correctional facilities nearing a “crisis” level of overcrowding, the Scottish government has put forward proposals for the early release of inmates. The Scottish Conservatives have criticized these plans, stating that victims are being “betrayed”. Russell Findlay, the party’s leader, additionally suggested that SNP ministers could alleviate congestion by increasing efforts to deport foreign nationals from prisons. The Scottish government maintains that this responsibility falls to the UK government, despite confirming it is “actively engaging” with Sir Keir Starmer’s administration regarding the matter. Scotland’s prisons are designed for a target operating capacity of 8,007 individuals. However, as of 8 November, the inmate count stood at 8,273. Such overcrowding poses risks to both prisoners and personnel, and it can hinder rehabilitation efforts. This issue is not unique to Scotland; the country, alongside England and Wales, incarcerates a greater percentage of its population compared to most other European nations. Emergency provisions for early inmate release have been implemented on both sides of the border, yielding varied outcomes. In Scotland, hundreds of prisoners were granted early release during June and July; nevertheless, by September, the inmate population had risen to 8,241, surpassing the figure recorded prior to the commencement of the emergency releases. The government now intends to enact emergency legislation that would permit the early release of between 260 and 390 prisoners in February. This proposed legislation would enable individuals sentenced to less than four years to be released upon completing 40% of their sentence, a reduction from the current requirement of 50%. Data from the start of October indicates that 629 foreign nationals were held in Scotland’s jails, constituting approximately 7.6% of the total prison population. Of these, only about half, 325, had been convicted of a crime. Speaking with BBC Scotland News, Findlay conceded that foreign nationals represent a minor segment of the incarcerated population and that the UK government holds responsibility for deportations. However, he raised inquiries about the Scottish government’s efforts to identify foreign inmates, engage with their countries of origin, and investigate possibilities for their return to serve the remainder of their sentences abroad. He further stated: “Yes it’s a reserved matter but these all go through the Scottish courts and I do wonder whether the Scottish government have even given it any consideration or asked these tough questions.” Justice Secretary Angela Constance affirmed that Westminster is responsible for deportations, but noted that Scottish ministers are “actively engaging” with the UK government to pinpoint methods to “increase the efficiency” of strategies aimed at reducing prison populations. The UK Home Secretary is legally obligated to deport non-British, non-Irish national criminals who have received sentences of at least 12 months in prison, subject to specific exemptions. Additionally, ministers possess discretionary power to deport foreign nationals for less severe offenses if deemed “conducive to the public good”. Every foreign prisoner is referred to the Home Office for an assessment of whether deportation is legally mandated or, if not mandated, deemed appropriate. In England and Wales, foreign inmates serving sentences may be released from custody up to 18 months prior to their sentence completion if they are slated for deportation. Labour ministers have indicated they are exploring methods to accelerate this program, including possible strategies to advance the timing of early removal from the UK. UK government Justice Secretary Shabana Mahmood informed the Commons earlier this month that she views “deportation for somebody who has been convicted and is due to be imprisoned in our country is as good a punishment as serving time in a prison in this country”. Foreign offenders subject to deportation may receive a resettlement grant of up to £1,500 if they collaborate with the removal procedure. Inmates also have the option of being transferred to their native country to complete the remainder of their sentence, although this practice is less frequent. Since 2010, the UK has facilitated the transfer of 945 foreign offenders to 50 different countries and territories. The Scottish government asserts that UK ministers bear “entirely responsible” for deportations, the transfer of foreign offenders, and the early removal scheme. Scottish ministers possess a discretionary authority to release specific offenders up to 180 days ahead of schedule, provided they have completed a quarter of their sentence, with the aim to “facilitate their removal” by UK authorities. A spokesperson stated: “Between October 2023 and October 2024, 17 prisoners were released from Scottish prisons via the early release scheme. “The Scottish government is aware of proposed changes to the early removal scheme in England and Wales and we are engaging with the UK government on this.”” The critical situation confronting Scotland’s correctional facilities clearly encompasses more than just the several hundred foreign inmates. The Scottish government aims to enact its most recent proposals into law by the following week through an expedited emergency bill in parliament. Findlay contends that SNP ministers have not succeeded in constructing new prisons, reforming community sentencing, or investing in technological solutions like alcohol monitoring tags, which are utilized elsewhere in the UK. Constance defended the government’s performance, drawing attention to revised community payback orders, electronic monitoring, home detention curfews, and reforms to bail and release procedures. She indicated that while the government sought an “immediate” reduction in prisoner figures, a “sustained” decrease was also necessary. While recognizing the necessity of reducing inmate populations, Victim Support Scotland urged for “tangible” measures to safeguard the public. Chief executive Kate Wallace commented: “Solutions need to be focused on preventing the cycle of reoffending by prioritising evidence-based rehabilitation programmes, effective supervision measures with appropriate resourcing so that offenders can be safely managed in our communities, and a focus on robust risk assessment so that dangerous prisoners, those who pose a risk, are not released.” Fergus McNeill, a professor of criminology at the University of Glasgow, informed the BBC of an urgent requirement to decrease the number of inmates. He stated: “Prisons are so overcrowded that they are dangerous for people that live in them and for people that work in them, they’re ineffective in terms of rehabilitation and reintegration, and they’re wasting large amounts of public resources.” In the long term, the criminologist suggested, financial resources should be reallocated from prisons towards communities and organizations that assist inmates post-release. He concluded: “What we should be doing is reducing the present population fairly dramatically in Scotland, so that we’re in line with other European countries, and at the same time moving money out so that we’re better equipped to support people in the community.”