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Report launch: Veterans and the Law

New Report Calls for Improved Identification for Veterans in Scotland’s Justice System

The Scottish Veterans Commissioner, Susie Hamilton, has called for improved identification of veterans within the justice system and more strategic use of data to enhance support, shape policy, and develop future services.

In her latest report, Veterans and the Law, published today, the Commissioner examines whether the right support is in place for the small minority of veterans in custody or who come into contact with the criminal justice system, as well as considering the role and contribution of veterans who work or volunteer within the system.

Though veterans make up 3.9% of Scotland’s adult population, they represent only 3.1% of the prison population. In 2023, just 0.05% of those arrested by Police Scotland disclosed prior military service.

The Commissioner stresses that while the report does not diminish the impact of crimes committed by veterans, it is important to evaluate the rationale for veteran-specific support and services to effectively prevent or reduce offending.

A significant finding in the report is the positive impact of drawing on shared military experience within the prison setting, which helps veterans regain lost self-esteem, develop supportive networks and come to terms with their circumstances. Veterans in Custody Support Officers (VICSOs) – prison officers who are typically veterans themselves – play a central role in driving this approach and facilitating access to veteran-specific support. However, the VICSO role varies by establishment, and not all officers are given dedicated time to fulfil these responsibilities.

The report also underscores the importance of early intervention and veteran-specific support at a pre-conviction stage. For veterans flagged in Police Scotland’s vulnerable persons database, timely provision of support for mental health, substance abuse and homelessness can help mitigate the potential for criminal behaviour.

Scottish Veterans Commissioner Susie Hamilton commented: “My report highlights the power of timely intervention, veteran-specific services, and peer support in reducing offending and improving outcomes among veterans and their families. To enhance this approach, we need to ensure veterans are identified throughout the criminal justice process and remove barriers that prevent them from disclosing their military service.

“VICSOs play a critical role in supporting veterans in custody, and their roles should be retained across Scotland with protected time for delivery. Similarly, Police Scotland Veterans Champions provide valuable community support and raise awareness of veterans’ needs among colleagues, although improved clarity on their role would be beneficial. There is also scope to consider the options for non-custodial sentences where appropriate, for example the use of Structured Deferred Sentences.”

The report also highlights the significant contributions of veterans in upholding the law. Police Scotland estimate that they employ around 700 veterans across the country, and the Scottish Prison Service also employs many ex-Service personnel.

Hamilton added: “Military training fosters discipline and structure, which can translate into law-abiding behaviour and a natural inclination toward uniformed service. While a small number of veterans offend, many more contribute to enforcing and upholding the law and supporting offenders.

“Employment is an area where good practice and supportive processes are having a positive impact, and veterans, the organisations they work or volunteer for, and those individuals and communities they support, are all benefitting. However, a more robust and systematic approach to capturing veteran status of employees would enable organisations to gain a clearer understanding of their veteran workforce and maximise its potential.”

The report makes the following recommendations to the Scottish Government:

• Ensure veterans are identified throughout the criminal justice process, with data used to support both individual veterans and inform future policies and services.
• Promote ‘veteran awareness’ among criminal justice staff so they can better understand and support veterans.
• Retain and support the Veterans in Custody Support Officer (VICSO) role across Scotland, ensuring protected time for effective delivery.
• Implement a coordinated, collaborative approach involving statutory and third-sector providers to support veterans in the justice system, focusing on prevention, rehabilitation, and reducing reoffending.
• Encourage statutory services to recognise the value of employing veterans, continue optimising recruitment and retention, and maximise the benefits they bring to their organisations and communities.

The Commissioner concluded: “While the majority of veterans successfully reintegrate into civilian life, a small minority face challenges that may lead them into contact with the criminal justice system. By providing the right support, we can help prevent offending and improve outcomes for these individuals, thereby decreasing the impact on potential victims and reducing cost to the public purse.

“My recommendations align with my role to lead, challenge, and drive progress towards the Scottish Government’s goal of veterans leaving the armed forces equipped to remain law-abiding civilians. These are long term outcomes, and I recognise that achieving them will require collaboration with a range of delivery partners across public, private and third sectors. By working collectively, we can continue to make life better for veterans and their families living in Scotland.”

View the full report here: Scottish Veterans Commissioner | Veterans and the Law.