Hundreds of short-term prisoners in Scotland to be released early

By The Press Association10th October 2024News ScotlandCourts / Justice, Custodial Care, News Scotland, Prisons / Offenders, Youth Offending

Prisoners in Scotland serving less than four months will be released early under Scottish Government plans.

Justice Secretary Angela Constance (pictured) announced the release point for short-term prisoners will be reduced from 50% of their sentence to 40%, which she said would result in between 260 and 390 prisoners being freed.

The UK Government recently took similar action in an effort to bring down the prison population.

Ms Constance also did not rule out the potential for a further emergency early release of prisoners as was undertaken earlier this year, when almost 500 were allowed to leave custody – 57 of whom have since been returned to prison.

“I intend to pursue a similar policy to change the point at which most short-term prisoners are released from the current 50% to after 40% of their sentence has been served,” she said in Parliament on Thursday.

“This proposal would come with statutory exclusions in relation to domestic abuse and sexual offences, recognising the particular concerns which will arise in relation to such offences.”

A new Bill will be required in Holyrood to make the change, which Ms Constance said would be taken forward on an emergency basis – which could allow it to be passed in just three days by MSPs.

The Scottish Government launched a consultation on the early release of long-term prisoners earlier this year, but Ms Constance decided against such a move.

The consultation could have resulted in the automatic release date for longer term offenders to be brought forward, but she said: “There was notable support for increasing the time some long-term prisoners spend in the community under supervision as part of their sentence, and recognition of the benefits this can bring.

“However, there were also concerns that changing the long-term prisoner release point at pace would present significant practical difficulties.

“Given the need for any changes to take effect quickly, this prompted an exploration of alternative approaches.”

Despite the announced changes, Ms Constance said she could not rule out another round of emergency releases.

Ms Constance 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.”

The announcement came after First Minister John Swinney said Scotland’s prisons are “absolutely bursting at the seams”.

Under pressure from Scottish Conservative leader Russell Findlay at First Minister’s Questions earlier on Thursday, Mr Swinney said his Government will “take a responsible approach” to the issue, adding that ministers will “always take into account the perspectives and the views of victims”.