Early Release To Go On Amid Jail Crisis Fears

An overhaul of Scotland’s penal system to end the practice of automatic early release has been put on hold amid concern among ministers that key elements may be unworkable.

Kenny MacAskill, the justice secretary, has signalled that an independent review will be carried out into the impact of legislation that will prevent prisoners from being released automatically after serving half their sentence.

Experts have already voiced concerns over unintended consequences of the Custodial Sentences and Weapons Act, which became law in the spring.

It has been claimed the law will keep thousands more people behind bars and put an intolerable strain on rehabilitation services. Ultimately, it is feared the legislation will fail to cut reoffending ratesbecause the Parole Board and social work departments will be overwhelmed with low-risk cases, diverting resources away from dangerous offenders.

Mr MacAskill told The Scotsman he would announce details of an independent review to examine the effect of the new legislation.

“We will be outlining details in due course about how we move towards having some expert advice and representatives of broader society in Scotland consider these matters,” he said.

“We have to get a coherent policy – what is it we want from prison, who should be in, what’s it for? We need to decide the philosophy of how people go in and what happens when they go out.

“As a consequence of that, we would be expecting that there should be some review of the philosophy we have and its practical realities. The questions that remain over the Custodial Sentences Act are its practical outcomes, which are perhaps not the intended consequences. If there’s a problem, that has to be addressed.”

He said he was duty-bound to consider the “Doomsday scenario” outlined by professions fearful of the possible impact of the changes. “If, as has been flagged up, social work collapses, prisons abound across the country and numbers increase rapidly, and indeed sheriffs and judges drown under a burden of bureaucracy … that’s not what we intended.”

The prison service has warned the changes will bring up to 1,100 more inmates a year, and experts have warned it is impossible to risk-assess so many inmates in such a short period of time.

In a report seen by Mr MacAskill, Professor Alex Spencer, former head of rehabilitation at the Scottish Prison Service, warned the prison population “could well reach 11,900 and require seven new prisons” by 2030. Currently, the prison population is around 7,200.

The SNP supported the legislation and Mr MacAskill stressed that he wanted to achieve its key aims of ending automatic release and improving rehabilitation.

He said: “The problem is not that people are against early release, it’s that it’s automatic. Common humanity dictates that those who indicate remorse and redemption, and are capable of being rehabilitated should be considered for early release – but it shouldn’t be automatic, whether you show remorse or complete disdain. That’s where the system was discredited.”

The justice secretary added: “It would be negligent of me not to take account of any Act that may have the consequence of increasing the prison population by a factor or 60 per cent or more.

Robert Murphy, vice-convener of the Association of Directors of Social Work’s criminal justice standing committee, welcomed the review.

He said: “There are certainly some capacity issues in terms of taking the legislation forward. We want to ensure there is robust community sentencing available that will tackle reoffending. We look forward to taking part in the review.”

KRISS KILLER FREED EARLY

ONE of the men jailed for the horrific race-hate murder of Glasgow schoolboy Kriss Donald had been released early from prison – despite having been caught with a knife in his cell.

Imran Shahid, 29, killed Kriss, 15, three months after being freed from Barlinnie jail, midway through a two-and-a half-year sentence for a vicious road-rage attack on Margaret McGregor, a social worker, in 2002.

Back on the streets, he became the ringleader of the gang that kidnapped and tortured Kriss in March 2004. They set the boy on fire and left him to die.

Shahid, his brother Zeeshan, 28, and friend Mohammed Faisal Mushtaq, 27, were jailed for life last November for the racially motivated killing.

Annabel Goldie, the Scots Tory leader, said the early release went “right to the heart” of public confidence in the criminal justice system.