Scottish Government Unveils New Early Release Proposals for Prisoners

The Scottish government has put forward a proposal to reduce the minimum duration prisoners with short sentences must serve. Should this legislation receive approval, an estimated 260 to 390 inmates could qualify for immediate release in February 2025. Under the provisions of the proposed law, the majority of individuals serving sentences of less than four years would be released after completing 40% of their term, a reduction from the current 50%. The Scottish government has stated its intention to enact the Prisoners (Early Release) (Scotland) Bill through emergency procedures, aiming to address the substantial increase in the prison population observed over the last year. Justice Secretary Angela Constance commented that the bill is designed to guarantee the continued safe and effective operation of correctional facilities, noting that overcrowding might reach “critical levels” without ministerial intervention. However, the provisions of the bill would not extend to individuals convicted of domestic abuse or sexual offences. As of early November, Scotland’s prison population stood at 8,253, exceeding its target operating capacity of 8,007. The new plans outline that early releases would be administered in three phases across a six-week period. Furthermore, this alteration would encompass new prisoners sentenced from the date the bill is introduced. The government indicated that, over the long term, this initiative could lead to a sustained approximately 5% decrease in the sentenced prison population. These proposals are consistent with a similar modification implemented by the UK government south of the border. Additionally, the new bill grants ministers the authority to modify the release point under licence conditions for individuals serving sentences of four years or longer. During June and July, an aggregate of 477 individuals were released prematurely under an emergency initiative launched by the Scottish government. This scheme applied to prisoners who had received sentences of less than four years and had fewer than 180 days remaining on their terms. However, by September, it was disclosed that the prison population had already surpassed its level prior to the implementation of the early release scheme. In October, the Scottish government postponed plans for the automatic early release of long-term prisoners, citing concerns raised by victims of crime. The justice secretary stated at that time that a consultation process had uncovered “significant practical difficulties,” yet she remained dedicated to exploring modifications to the regulations for long-term prisoners. On Tuesday, while presenting the proposals, Ms Constance noted that the prison population had persistently increased and was anticipated to once again reach critical levels. She affirmed, “Long-term action is necessary to deliver a sustained reduction to the prison population and support the effective functioning of prisons.” She added, “The proposals include built-in exemptions for those serving sentences for sexual offences 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 support to help reduce reoffending and integration back into the community,” she further stated. Ms Constance acknowledged that victims and their families might harbor concerns, and she committed to engaging with victims’ organizations prior to implementing any alterations. Previously, victim support groups have asserted that early release initiatives have proven ineffective. Liam Kerr, the Scottish Conservatives’ justice spokesman, characterized the SNP’s “knee-jerk” plans for increased early prisoner releases as “a threat to public safety.” He further stated: “It is just common sense that a criminal should serve their sentence in full and the public will be alarmed that this out-of-touch SNP government’s approach is letting criminals out of jail even earlier instead.“The fact that the SNP government wishes to ram this through should concern everyone”.