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Custodial sentence

A custodial sentence means more than just time in prison. In most cases, people will serve part of their sentence in the community. If they commit an offence while serving their sentence in the community, the court can order their return to prison. If they spent any time in custody while their case went through the court process, the judge must take this into account. The judge can backdate their sentence to start from the time they first went into custody or any time after that. More information is available here.

The most recent data shows that in 2022/23 there were 8,923 custodial sentences imposed in Scotland. You can find more information here.

You can also find up to date information on the Scottish prison population here.

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