Scotland Passes Law Allowing Earlier Release for Short-Sentence Prisoners

The Scottish Parliament has enacted new legislation that reduces the minimum duration prisoners with short sentences must serve. Under the new provisions, the majority of inmates serving sentences of less than four years will now be eligible for release after completing 40% of their term, a reduction from the previous 50%. Consequently, an estimated 260 to 390 prisoners are anticipated to qualify for immediate release in February 2025, following the approval of the legislation by MSPs. These revised regulations do not extend to individuals convicted of domestic abuse or sexual offences. The SNP government successfully secured the bill’s passage, with backing from the Greens, in a vote of 67 to 54. Labour, the Tories, and the Liberal Democrats cast votes opposing the legislation. Justice Secretary Angel Constance previously stated that these alterations were “absolutely critical to relieve pressure on the prison estate” and to confront the issue of overcrowding. The Prison Officers’ Association (POA) expressed its support for the new early release law, characterizing it as “a step in the right direction in helping to reduce prisoner numbers”. Phil Fairlie, POA assistant general secretary, commented that this was merely one “of a series of steps that will be required if the very concerning and real issue of prison overcrowding is to be tackled longer term”. Conversely, the Association of Scottish Police Superintendents asserted that the new legislation would result in the public “being put at risk”. Its president, Ch Supt Rob Hay, stated: “Every crime committed and every victim who suffered at the hands of those criminals represent an avoidable consequence of this misguided Scottish government policy.” He added: “To release prisoners early, knowing further offending is likely to occur, piles pressure on a police service already stretched to breaking under unsustainable demand.” As of early November, Scotland’s prison population stood at 8,253, exceeding the target operating capacity of 8,007. The implementation of early releases will now occur in three phases spanning six weeks. Inmates sentenced from the date the bill is enacted will also fall under these provisions. The government indicated that, over the long term, this could lead to a sustained approximately 5% decrease in the sentenced prison population. These proposals mirror a similar change implemented by the UK government south of the border. During June and July, a total of 477 individuals were released prematurely under an emergency initiative launched by the Scottish government. This scheme applied to prisoners sentenced to less than four years in custody who had fewer than 180 days remaining on their sentences. However, it was disclosed in September that the prison population had already surpassed its level prior to the emergency early releases. In October, the Scottish government postponed plans for the automatic early release of long-term prisoners, citing concerns raised by victims of crime.