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Tom O’Malley has published a new article, titled ‘Prison Overcrowding: Are Sentencing Guidelines the Problem or the Solution?’.

This article addresses ‘the power of courts to take prison overcrowding and other adverse custodial conditions into account when sentencing offenders who, by virtue of the seriousness of their offences, must be sent to prison for some period of time’.

This article features as part of a Symposium for the 30^th volume of the Edinburgh Law Review, on The Tenth Anniversary of the Scottish Sentencing Council: Sentencing in Scotland 2025.

This symposium was guest edited by Dr Jay Gormley (University of Glasgow and member of the Scottish Sentencing Academy).

Full details for the article: Tom O’Malley ‘Prison Overcrowding: Are Sentencing Guidelines the Problem or the Solution?’ (2026) 30(2) Edinburgh Law Review 216-226 (DOI: 10.3366/elr.2026.1021)