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FOI/202500491658 · FOI · partially withheld

Correspondence regarding prison overcrowding: FOI release

Published
2026-02-04
Received
2025-10-31
Responded
2025-11-27
Directorate
Justice Directorate
Topic
Law and order, Public sector
Exemptions
38(1), 36(2)

Information requested

You asked for a copy of all correspondence between SNP MSPs and the Scottish Government on the issue of prison overcrowding.

Response

For clarity, given there was no timeframe provided, I have applied a reasonable timeframe to include all correspondence within the previous 3 months from the date of your request. This was considered reasonable given recent statements on Emergency Early Release (2 October 2025) and the record prison population reached (21 October 2025). If this timeframe does not cover the information you require, please be more specific in your next request.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section(s) Section 38(1)(b): Personal information and Section 36(2): Confidentiality of FOISA applies to that information.

These exemption(s) are not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

Detected exemption language

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section(s) Section 38(1)(b): Personal information and Section 36(2): Confidentiality of FOISA applies to that information. These exemption(s) are not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

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