More Than 750 Compensation Payments Made to Scottish Prisoners in Five Years

More than 750 compensation payments have been made to prisoners in Scotland over the past five years, with the Scottish Prison Service paying out more than £300,000 in damages.

Figures released by the Scottish Prison Service (SPS) show that 768 compensation payments were made between the financial years 2021/22 and 2025/26.

The total value of the payments was £308,229.

The number of payments reached its highest level during 2025/26, when 168 claims resulted in compensation payments. That compared with 148 payments during the previous financial year.

The payments cover a range of circumstances, including claims involving prison conditions, healthcare, personal property, injuries and alleged breaches of prisoners' rights.

£85,000 paid out in the latest year

The SPS paid approximately £85,318 in compensation during 2025/26.

The largest annual total during the five-year period was recorded in 2024/25, when payments reached £119,349.

While individual awards vary considerably, the overall figures show that compensation claims have become a significant issue for Scotland's prison system.

Some payments have involved relatively small amounts relating to damaged or lost personal possessions.

Items mentioned in successful claims have included clothing, footwear and headphones.

In one case, £21 was awarded to replace a birth certificate.

Other cases have involved substantially larger payments connected to legal claims concerning prison conditions or the treatment of prisoners.

What can prisoners claim compensation for?

Prisoners can make claims where they believe they have suffered loss, injury or other harm for which the prison service may be legally responsible.

Claims can involve issues including:

• Prison conditions

• Medical treatment

• Personal property

• Injuries

• Human rights

• Access to rehabilitation

• Actions or failures by prison staff

A compensation payment does not necessarily mean that a prisoner has been found to have suffered deliberate wrongdoing.

Where a claim is upheld, the circumstances and amount of compensation depend on the individual case.

The SPS said it has a responsibility to meet the rights and needs of people in its care.

£1,000 awarded over rehabilitation access

One recent case involved prisoner Craig McInally, who was awarded £1,000 after successfully arguing that he had not been allowed to participate in rehabilitation courses required for his release.

The award was made by the Court of Session, which also ordered the Scottish Prison Service to pay his legal costs.

McInally had previously received a lifelong restriction order following his conviction for culpable and reckless conduct relating to a vulnerable woman.

The compensation claim concerned his access to rehabilitation programmes rather than the offence for which he was imprisoned.

The case highlights the distinction between a prisoner's criminal sentence and the separate legal responsibilities placed on prison authorities.

Historic compensation case

Another high-profile Scottish case involved convicted murderer William Beggs.

Beggs was awarded £4,800 by the European Court of Human Rights in 2012 over delays in dealing with his appeals.

The payment was connected to the length of time involved in the legal process rather than compensation for his conviction.

The case generated controversy at the time because of the seriousness of Beggs' offending.

However, compensation awarded through human rights proceedings is based on the legal issue being considered by the court, rather than cancelling or reducing the original conviction.

Prison overcrowding remains a concern

The rise in compensation payments comes as Scotland's prison system faces continuing pressure from a high prison population and concerns about capacity.

Scottish Labour justice spokesperson Pauline McNeill said the compensation payments represented a significant cost to taxpayers.

She also linked the issue to overcrowding and ageing prison facilities, arguing that poor conditions could contribute to further claims.

Those comments are a political assessment of the figures rather than evidence that overcrowding is responsible for every compensation payment.

The reasons behind individual claims vary and must be considered separately.

Conservatives call for action

Scottish Conservative justice spokesman Stephen Kerr MSP also criticised the condition of the prison system.

He argued that taxpayers should not have to meet compensation costs arising from poor prison conditions and called for greater investment in the prison estate.

Kerr also criticised the Scottish Government's approach to early release and called for changes to the prison system.

These are political arguments over how Scotland's prison service should be managed.

Scottish Prison Service response

The Scottish Prison Service said its staff work to meet the rights and needs of people in its care while dealing with the challenges created by overcrowding.

The organisation said that where an individual is legally entitled to make a claim and that claim is upheld, an appropriate level of compensation may be paid.

The SPS also praised prison officers and other staff for their work in maintaining safe and supportive environments.

Government says action is being taken

The Scottish Government said it is taking measures to address the country's high prison population.

Those measures include plans to build two new prisons, maximise capacity across the existing prison estate and increase investment in community justice.

The government has also argued that tackling the prison population requires investment in alternatives to custody as well as additional prison capacity.

What do the figures really show?

The total of 768 compensation payments over five years is significant, but the figures alone do not explain why each payment was made.

Some claims relate to relatively minor losses of property, while others involve more serious legal questions concerning healthcare, rehabilitation, injuries or prisoners' rights.

The increase in payments therefore needs to be considered alongside the wider pressures facing the prison system.

For taxpayers, compensation payments represent a financial cost.

For prisoners, however, the ability to seek compensation can form part of the legal safeguards that apply to people while they are in state custody.

The central question is therefore not simply how much money has been paid.

It is whether the prison service is meeting its legal responsibilities, maintaining appropriate conditions and providing the services prisoners are entitled to receive.

With 168 payments recorded during 2025/26, the issue is likely to remain part of the wider debate over Scotland's prisons, overcrowding and the cost of running the justice system.

The figures show that compensation claims are becoming an increasingly visible part of Scotland's prison landscape — but the circumstances behind each payment remain crucial to understanding the bigger picture.