Almost 400 short-term prisoners in Scotland could be released early in the new year under Scottish government plans to ease pressure on the country’s prisons.
Justice Secretary Angela Constance revealed in October proposals for inmates serving less than four years to be set free after 40% of their sentence as opposed to the current 50%, similar to a UK government change.
Those jailed for domestic abuse or sexual offences will be excluded from the scheme.
It has been estimated that between 260 and 390 inmates would be eligible for immediate release from February 2025 if the legislation is approved.
The Scottish government is aiming to pass the Prisoners (Early Release) (Scotland) Bill – which was lodged in Holyrood on Monday – under emergency procedures.
If given the go ahead, the early releases would be managed in three tranches over six weeks.
The change would also apply to prisoners sentenced from that point on.
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In the long term, the government said the change could result in a sustained reduction of about 5% to the sentenced prison population.
The new bill also proposes powers for ministers to change the point of release under licence conditions for people serving sentences of four years or more.
Unless previously recommended for parole at an earlier stage, most long-term prisoners are eligible to be released under licence six months from the end of their sentence.
According to the latest Scottish Prison Service (SPS) data, Scotland’s prison population was 8,273 on 8 November – above the target operating capacity of 8,007.
Ms Constance said: “The prison population has continued to rise and is projected to reach critical levels again.
“Long-term action is necessary to deliver a sustained reduction to the prison population and support the effective functioning of prisons.
“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.
“I very much recognise the concerns that may arise from victims and their families. The confidence of victims and the safety of communities is vital, and I will engage with victims’ organisations ahead of any changes.”
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A total of 477 inmates were let out early in four tranches over the summer, with 57 returning to custody up to 18 September after being accused of committing further crimes.
Only prisoners serving short sentences of under four years who had 180 days or less left to serve were considered for release.
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Inmates serving life sentences, or those currently behind bars for sexual, domestic abuse or terror-based offences, were automatically excluded from the scheme.
Prison governors also had the power to veto the release of any inmate they deemed an “immediate risk” to a specific individual or group.
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MSP Liam Kerr, the Scottish Tories’ shadow justice secretary, said: “The SNP’s knee-jerk plans to release even more prisoners represents a threat to public safety and highlights the appalling lack of strategy and planning at the heart of the SNP’s approach to justice.
“For over 17 years, the SNP have relentlessly weakened the justice system and victims have paid a heavy price.
“Victims will be deeply alarmed that ministers are now planning to railroad through legislation without full scrutiny that will release some categories of prisoners at an even earlier stage in their sentence and hold open the ability for the government to do the same for more dangerous prisoners.
“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.”
