Early release of 500 prisoners has not solved jail overcrowding, says John Swinney

The release of almost 500 prisoners in Scotland “has not solved the situation” of overcrowding, First Minister John Swinney has said.

The decision was announced earlier this year to let a select group of prisoners out in order to avoid the collapse of a prison system which has been severely overcrowded in recent years.

In four tranches during the summer, 477 inmates were allowed to leave prisons, provided they were in the last six months of their sentence and had not been jailed for more than four years or convicted of domestic violence, sexual or terrorism offences.

According to the Scottish Prison Service, there were 8,227 inmates on Friday – still higher than the target of 8,007.

Speaking before the Holyrood Conveners Group at Parliament on Wednesday, the First Minister said issues with overcrowding in prisons is a “very, very serious situation”.

He added: “We still face a serious situation and I fully expect the justice secretary to have to come back to Parliament to brief Parliament about the current situation.

“Because although the release of 477 prisoners during June and July as part of the early release scheme has helped, it has not solved the situation.

“I suspect that will come back to Parliament in due course and we are considering the options that are available there.”

First Minister John Swinney was asked about the early release scheme when he faced the Holyrood Conveners Group. PA Media

Swinney said there needs to be a “strategic” approach taken in the justice system to limit the number of people sent to prison.

“We are a country that has a, comparatively speaking, higher level per head of population of incarceration,” he said.

“I am keen that the Government further explores what are the alternatives to custody that we have available.

“Because I think we all know that prison is not the answer to many of the challenging situations that we face and we are actively exploring those questions in relation to alternatives to custody.”

The First Minister added that alternatives are being looked at to remand, which accounts for around one quarter of the prison population.

Meanwhile, Swinney also said legislation he spearheaded through Parliament “clipped” UK laws which led to it being struck down by the Supreme Court.

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill was referred to the court by then Scottish secretary Alister Jack, which ruled it over-reached.

The Bill – which incorporates the UNCRC into Scots Law – was the first to undertake a reconsideration stage at Holyrood and eventually became law earlier this year.