New plan for early release of short-term prisoners in Scotland
The Scottish Government is proposing to reduce the minimum terms for prisoners sentenced to short prison terms.
If the legislation is approved, it is expected that between 260 and 390 prisoners will be eligible for immediate release in February 2025.
The new law will allow most people serving less than four years to be released after serving 40 per cent of their sentence, instead of the current 50 per cent.
The Scottish Government has said it hopes to pass the Prisoners (Early Release) (Scotland) Bill under emergency procedures to help deal with a significant increase in the prison population over the past year.
Justice Minister Angela Constance said the bill would ensure prisons continue to operate safely and effectively as overcrowding could reach “critical levels” if ministers fail to act.
But it does not apply to people sentenced for domestic abuse or sex offences.
As of early November, Scotland’s prison population stood at 8,253, above the target operating capacity of 8,007.
Under the new plan, early releases will be managed in three phases over six weeks.
The change would also apply to new prisoners sentenced after the bill was introduced.
The government says this could lead to a sustained reduction in the prison population being sentenced by around 5% in the long term.
These proposals copied Changes south of the border by the British Government.
The new bill also proposes that ministers have the power to change the place of release for people serving sentences of four years or more, subject to license conditions.
In June and July, a total of 477 people were released early under the emergency scheme introduced by the Scottish Government.
These concern prisoners who were sentenced to less than four years’ imprisonment and served less than 180 days.
But in September it was revealed that The prison population has grown larger Compared to before earlier releases.
“critical level”
In October, the Scottish Government Proposal for automatic early release of long-term prisoners put on hold Due to concerns of crime victims.
At the time, the justice secretary said the consultation process had revealed “significant practical difficulties” but she remained committed to considering changes to the rules for long-term prisoners.
Unveiling the proposals on Tuesday, Ms Constance said the prison population continued to grow and was expected to reach critical levels again.
“Long-term action is necessary to sustainably reduce the prison population and support the effective functioning of prisons,” she said.
“The proposals include built-in exemptions for people serving prison sentences for sexual offenses or domestic abuse.
“We need the prison system to focus on those who pose the greatest risk to the public and provide a range of supports to help reduce re-offending and re-entry into the community.”
Ms Constance said she recognized victims and their families might have concerns and she would engage with victims’ organizations before making any changes.
Victim support groups have previously said early release has proven unworkable.
The Scottish Conservatives described the early release of prisoners as a betrayal of victims and said it would harm community safety.