Hundreds of prisoners to be released early from 'overcrowded' Scottish jails

Key Points

Short-term prisoners due for release within the next six months would be eligible
Prisoners serving sentences under four years who are within 180 days of their original release date could be let out
Prison governors can “veto” a prisoner’s release if they believe they pose an immediate risk
Anyone serving a sentence for sexual offences or domestic abuse, and any registered sex offenders, will be excluded
440 prisoners could be released during the initial tranches in November and December
The new early release scheme is subject to Parliament’s approval

Hundreds of prisoners are set to be released early from “overcrowded” Scottish prisons in the latest round of measures to ease prison population numbers.

It comes as the number of prisoners in Scottish jails is higher than before previous early release schemes.

Scottish Prison Service chief Teresa Medhurst told STV News last month that she had hoped previous schemes would have offered breathing space for overcrowded jails for around three months.

Instead, it lasted just six weeks.

In the latest round of early releases, criminals serving sentences of less than four years and within 180 days of their original legal release date could be considered for the scheme.

Short-term prisoners due for release within the next six months are also set to be let out early under the emergency proposals to tackle prison overcrowding.

However prison governors will be handed veto powers if they believe a prisoner poses an immediate risk to specific individuals or groups.

Criminals jailed over sexual offences and domestic abuse, as well as any registered sex offenders, will be barred from the release plan.

The Scottish Government said that approximately 440 prisoners could be released during the initial tranches in November and December.

The Justice Secretary also plans to bring forward secondary legislation to allow prisoners “liable to removal from the UK” to be released early, with this due to happen after Holyrood’s October recess.

Scotland continues to see a rise in prison population

The Scottish prison population has surged by more than 200 in the past three months and now stands at 8,363, one of the highest levels ever recorded.

She said ten of Scotland’s 17 prisons are at “red risk status” and ten are “on or over their assessed capacity tolerance”.

Following significant measures over the past two years, including other early release schemes, Justice secretary Angela Constance told MSPs on Thursday that further action is needed.

“This is not an action I propose lightly,” Constance said.

“There is now a critical risk to the continued safe and effective operation of the estate due to this pressured environment, and the prisons service’s ability to deliver rehabilitation regimes has been several curtailed.”

She continued: “There will be strict safeguards in place to protect public safety, which is my paramount concern.

“I absolutely recognise that the early release of prisoners can be a cause for concern for victims. We will engage with victim support organisations to ensure that information on the change in release date is available to them.”

Prison staff working ‘flat out’ in ‘extreme conditions’

Prison staff have said they are currently working “flat out” in “extreme conditions”.

They said the Government’s latest plan provides “some relief, and breathing space, but no more than that”.

Phil Fairlie, secretary of Prison Officers’ Association (POA) Scotland, said staff members have been working in overcrowded, “extreme conditions” for a prolonged period. He said it’s taking a toll on “far too many” of them.

“Things cannot continue as they are,” he said.

“We are aware there are no easy solutions to this problem and have sympathy with the Cabinet Secretary in having to balance difficult decisions around easing the pressures inside the prisons.

“We remain willing to engage with the SPS and the government in any way they think helpful or productive to jointly seek further solutions that help create safer, more productive prisons for everyone within them.”

The new early release scheme is subject to Parliament’s approval.