John Swinney has said his Government will step in to ensure safety in Scotland’s prisons, which he said are “absolutely bursting at the seams”.
The Scottish Government is set to decide whether hundreds of long-term prisoners should be freed from jail early in a bid to ease overcrowding.
With 8,322 inmates inside Scotland’s jails as of Thursday morning, the First Minister conceded it is a “challenge” for ministers to meet their obligation to “run a stable and safe prison system”.
It comes after 477 inmates were released in the summer under an emergency scheme to relieve prison capacity. However, figures from the Scottish Prison Service showed prisoner numbers had surged despite the move.
Scottish Conservative leader Russell Findlay raised fears about the kind of prisoners who could be granted their freedom if ministers opt for a repeat of the early release scheme.
“The Government is now considering the early release of some of the most dangerous criminals in Scotland,” he said to Swinney during First Minister’s Questions.
He added that victims’ groups fear “killers, rapists, domestic abusers, drug dealers and child abusers could be freed early”.
Findlay added: “Let’s take a look at the kind of criminals we could be talking about if a new form of SNP early release is announced today.
“Here’s some examples of recent sentences imposed by Scottish courts – seven years for raping a 10-year-old girl, nine years for stabbing a man to death, five years for sexually abusing four young boys.
“All of these criminals, and many, many others like them, could be let out early.”
Swinney insisted those claims were “patently untrue” and “complete nonsense”.
He added that 98% of those convicted of either rape or attempted rape between 2019 and 2022 had had a prison term imposed, saying that was “another fact which refutes what Russell Findlay has put to me today”.
With a government report predicting the country’s prisons to be over capacity by more than 1,000 inmates within weeks, ministers are set to announce plans on Thursday afternoon to curb the problem.
This includes consulting on whether long-term inmates who have served two-thirds of their sentence should be freed.
In July, justice secretary Angela Constance said the Scottish Government’s proposals would mean convicts would spend more time under licence conditions in the community before the end of their sentence.
The government believes, if the early release of inmates goes ahead, the population of Scotland’s prisons would decrease by up to 4.1%, relieving the pressure on capacity.
However, 12% of prisoners released early under the emergency scheme this summer were back behind bars within weeks after allegedly reoffending.
Those serving life sentences behind bars would not be considered as part of the proposed programme, however, violent offenders and those convicted of sexual offences could be.
The proposed move applies to those serving longer than a four-year sentence and be backdated to inmates sentenced from February 1, 2016.
Currently most people serving long-term sentences, unless previously recommended for parole at an earlier stage – are released under community supervision six months before the end of their sentence.
Under the proposals, those released would be subject to licence conditions, supervision, and ultimately recall to custody.
The convicts would be subject to individualised risk assessment ahead of release, with licence conditions reflecting the conclusions of that assessment and being set on the recommendations of the Parole Board.
Victims would continue to have the right to receive certain information about a prisoner in their case, including their release dates, and to make representations under the Victim Notification Scheme.
Speaking in the summer, Constance said: “Individuals would continue to serve their sentence but do so in the community under strict supervision, which can improve reintegration back into society and reduce the risk of re-offending.
“We are considering these measures to find a better balance between the time spent in custody and time supervised in the community, particularly following the recent increase in the prison population when Scotland already has one of the highest in Western Europe.
“Public safety will be paramount. Release under licence conditions means strict community supervision and specific support in place informed by robust individual risk assessments of prisoners. These measures would be introduced through legislation, requiring debate and the approval of Parliament. I invite people to share their views.”
First Minister John Swinney previously admitted the emergency early release programme had “not solved the situation” but “alternatives to custody” needed to be explored.
The Scottish Tories have previously criticised the move.
“The SNP want to release dangerous criminals who have served just two-thirds of their sentence which, if enacted, would pose a serious risk to public safety,” a spokesman for the party said.
“The fact that these plans are even being proposed is systematic of the SNP’s failure to invest in our prison estate which is crumbling at the seams.
“The needs of criminals have yet again been put above the needs of victims in the SNP’s justice system.”
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