Scottish government unveils plan to release short-term prisoners earlier

8 hours ago 2

Prisoners in Scotland serving less than a four-year sentence could be released earlier under new plans announced by the Scottish government.

Justice Secretary Angela Constance revealed proposals for inmates to be set free after 40% of their sentence as opposed to 50%, similar to a UK government change.

Those jailed for domestic abuse or sexual offences will be excluded from the scheme.

Almost 500 prisoners serving short sentences north of the border were let out early in recent months to ease overcrowding amid a spike in prison population numbers.

However, Ms Constance said more needed to be done as it had once again reached "critical levels".

A total of 8,322 inmates were inside Scotland's jails as of Thursday morning.

In a statement to the Scottish parliament, Ms Constance said projections through to January 2025 indicate the prison population will continue to rise.

 Sunday September 1, 2024.

Image: Justice Secretary Angela Constance. Pic: PA

She said: "Without intervention this would take us into an unsustainable position and we cannot, and must not, allow this to transpire."

A new bill will be required in Holyrood to make the changes, which Ms Constance said will be introduced in November.

It will be taken forward on an emergency basis, with plans for it to come into force from February.

If backed by MSPs, it has been estimated the changes could result in a reduction to the prison population of between 260 and 390.

A total of 477 inmates were let out early in four tranches over the summer, with 57 returning to prison up to 18 September after reportedly committing further crimes.

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Ms Constance said she could not rule out another round of emergency releases.

She said: "It is not my intention to ask parliament to authorise the use of emergency early release again at this stage.

"However, I am aware that if it is necessary and there is no alternative, it may be needed."

Read more:
Why some prisoners on early release are deliberately reoffending
Early release of prisoners is deeply unpopular - so will it work?

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A consultation recently concluded amid proposals for the early release of long-term prisoners following the completion of two-thirds of their sentence.

Unless previously recommended for parole at an earlier stage, most long-term prisoners are eligible to be released under licence six months from the end of their sentence.

The move would be a return to policy from before February 2016.

Ms Constance has decided against such a move at present time.

Following her statement, she said: "Public safety remains paramount, which is why I am focusing on short-term prisoners only and with built-in exemptions.

"I recognise the concerns that may arise from victims and their families and I am committed to working closely with victim support organisations on key issues.

"The measures I have outlined are necessary to support prisons to continue to function effectively and I remain grateful to Scottish Prison Service staff for their continued resilience.

"We must ensure that we have a prison estate which houses those who pose a risk to the public and provides the full range of support needed for people to leave on a better path and never turn back."

The Scottish Conservatives said the early release of prisoners was a "betrayal of victims, compromises community safety and makes a mockery of independent judicial sentencing".

Shadow justice secretary Liam Kerr said: "Rather than continually failing Scotland's victims, the SNP should apply some common sense and focus on delivering the long overdue new prisons in Glasgow and the Highlands to alleviate the prison population crisis."

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