Sentencing and Penal Policy Commission: Call for Evidence

Closes 25 May 2025

Making progress on past recommendations and implementation

4. 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?

In 2008 the McLeish Commission published its report, Scotland’s Choice: The Report of the Scottish Prisons Commission. This was a landmark moment in Scottish justice. The report contained 23 recommendations for reform to penal policy and practice, covering a range of criminal justice issues from community sentences to decisions about parole and release (Annex A). Most of the recommendations have been accepted and taken forward to some degree by the Scottish Government and partners. Since then, there have been changes and shifts in the criminal justice system and society more broadly.

In addition to the McLeish Commission, there have been many other recommendations in these areas since 2008 by a range of different bodies or groups. This independent Commission on Sentencing and Penal Policy seeks to build on previous work, to consider why particular recommendations were not taken forward as far as they could have been, or may not have been sufficiently impactful, and take account of new developments in legislation and practice. 

When answering this question, you may find it useful to reflect on one or more of the following:

  • Why should this new Commission consider them as priorities now?
  • Where recommendations have been taken forward, is there more that could be done in these areas?
  • Is there any new evidence in the 16 years since, supporting the need to implement these recommendations?
  • What holds back substantial and sustained change in Scotland?