Sentencing and Penal Policy Commission: Call for Evidence

Feedback updated 6 Feb 2026

We asked

The independent Sentencing and Penal Policy Commission held a Call for Evidence to gather written evidence and views to inform its work. The Call was open for 6 weeks, from 15 April until 25 May 2025 and focused on the following themes:

Community sentencing
Bail and remand
Release from prison custody
Making progress on past recommendations and implementation

In addition to the Call for Evidence, the Commission undertook extensive stakeholder engagement to obtain the views of organisations and individuals.

You said

The Call for Evidence received 101 submissions from 48 individuals and 53 organisations. Respondents included victim advocacy groups, legal professionals, law enforcement agencies, the third sector, rehabilitation services, academics, and individuals with lived experience.

Overall, there was broad support for objectives relating to reducing the prison population and for greater and more creative use of community sentences and bail options. However, respondents highlighted the need to focus on rehabilitation, improve interventions and improve Community Payback Orders. The need to ensure progression through the prison estate was also frequently highlighted, as was the need for enhanced provision of throughcare and community supports to address complex needs.

We would like to thank everyone who took the time to respond.

We did

The Sentencing and Penal Policy Commission commissioned an independent research company to carry out analysis of the Call for Evidence responses. The analysis report was published on 6 February 2026.

The Commission also published the responses, where permission has been given to do this, on Citizen Space.

The analysis report, and all other sources of evidence provided to the Commission, were considered as part of the work to develop our recommendations and final report, which was published on 06 February 2026.

Published responses

View submitted responses where consent has been given to publish the response.

Overview

This Call for Evidence aims to gather written evidence and views to inform the work of the independent Commission on Sentencing and Penal Policy, which has been established to review Scotland’s current approach to sentencing and penal policy. The Commission will make recommendations for improvements to achieve an effective, rehabilitative justice system, meaning less crime and fewer victims.

The Commission is calling for evidence across four themes:

Theme 1: Community sentencing
Theme 2: Bail and remand
Theme 3: Release from prison custody
Theme 4: Making progress on past recommendations and implementation

This Call for Evidence is primarily intended for individuals with direct experience; practitioners and organisations with knowledge and experience of the criminal justice system in Scotland; and academics, although views are welcomed from all who have an interest in this area.

Evidence can take many forms and your submission is not limited to published academic evidence. Submissions may range from research and data analysis, policy ideas, to trends in practice or relaying of personal experience and expert opinion. Please provide complete references to any sources.

We recognise the importance of place and local context. There will be geographic differences in delivery and experience. Submissions may wish to briefly contextualise where evidence and insights are coming from – across Scotland, or from other places and nations internationally. Please indicate clearly in each answer which jurisdiction your sources/evidence relates to.

Read the Call for Evidence paper.

The paper contains full background information for this Call for Evidence. You may find it useful to read or refer to while responding.

Call for Evidence questions preview Call for Evidence questions preview

The Call for Evidence questions are included here for your reference. Please click 'Begin Call for Evidence' at the bottom of this page to proceed.

What changes could be made to community sentences and other alternatives to prison to reduce crime, protect victims, and create safer communities?

In your view, what are the priority issues affecting bail and remand? In Scotland, what needs to change and why?

In your view, what are the priority issues affecting release from prison custody? In Scotland, what needs to change and why?

Are there any recommendations from the McLeish Commission or subsequent reports by other bodies that haven't been put into action yet but could still be beneficial?

Useful information about responding to this Call for Evidence Useful information about responding to this Call for Evidence

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the Call for Evidence at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the Call for Evidence has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

A summary report will usually be published some months after the Call for Evidence has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).

Why your views matter

The evidence you provide will be considered and used to assist the Chair and Commissioners in developing recommendations. The Commission will present a final report and recommendations to the Scottish Government before the end of 2025.

Interests

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