Hundreds of short-term prisoners in Scotland to be released early

Prisoners in Scotland serving less than four months will be released early under Scottish Government plans.

Justice Secretary Angela Constance announced the release point for short-term prisoners will be reduced from 50% of their sentence to 40%, which she said would result in between 260 and 390 prisoners being freed.

The UK Government recently took similar action in an effort to bring down the prison population.

Ms Constance also did not rule out the potential for a further emergency early release of prisoners as was undertaken earlier this year, when almost 500 were allowed to leave custody – 57 of whom have since been returned to prison.

“I intend to pursue a similar policy to change the point at which most short-term prisoners are released from the current 50% to after 40% of their sentence has been served,” she said in Parliament on Thursday.

“This proposal would come with statutory exclusions in relation to domestic abuse and sexual offences, recognising the particular concerns which will arise in relation to such offences.”

A new Bill will be required in Holyrood to make the change, which Ms Constance said would be taken forward on an emergency basis – which could allow it to be passed in just one day by MSPs.

The Scottish Government launched a consultation on the early release of long-term prisoners earlier this year, but Ms Constance decided against such a move.

The consultation could have resulted in the automatic release date for longer term offenders to be brought forward, but she said: “There was notable support for increasing the time some long-term prisoners spend in the community under supervision as part of their sentence, and recognition of the benefits this can bring.

“However, there were also concerns that changing the long-term prisoner release point at pace would present significant practical difficulties.

“Given the need for any changes to take effect quickly, this prompted an exploration of alternative approaches.”

Despite the announced changes, Ms Constance said she could not rule out another round of emergency releases.

Ms Constance said: “It is not my intention to ask Parliament to authorise the use of emergency early release again at this stage.

“However, I am aware that if it is necessary and there is no alternative, it may be needed.”

Phil Fairlie, assistant general secretary of the Prison Officers Association, said the body “gives a caution welcome” to the announcement from the Justice Secretary, saying it “indicates to us that there is at least a recognition of the scale of the problem”.

But he added: “The persistently high prisoner population makes clear that we need a genuine debate about the purpose of prison and a radical rethink of the sentencing policy if we are going to end the need for further emergency measures.”

After Ms Constance’s announcement, Scotland’s top law officer announced measures aimed at reducing the remand population – which currently accounts for around 27% of the total number of prisoners.

Lord Advocate Dorothy Bain KC said prosecutors have been instructed not to oppose the bail of those accused of crimes unless they “represent a substantial risk” to the public.

“When the issue of bail is first considered, prosecutors will highlight cases where they consider that the options of electronic monitoring, or other means of monitoring special conditions of bail, may manage the risk to public safety and prevent reoffending,” she said in a statement to Holyrood.

“Where individuals who do not represent a risk to members of the public or to specific individuals, my instruction to prosecutors is that bail should not normally be opposed.”

Prosecutors must also “take steps” to progress bail reviews “efficiently and swiftly” under new guidance, she told MSPs.

Any changes to guidance will not apply to those accused of domestic violence or serious sexual offences, Ms Bain said.

The announcement came after First Minister John Swinney said Scotland’s prisons are “absolutely bursting at the seams”.

Under pressure from Scottish Conservative leader Russell Findlay at First Minister’s Questions earlier on Thursday, Mr Swinney said his Government will “take a responsible approach” to the issue, adding that ministers will “always take into account the perspectives and the views of victims”.

A spokesman for the Scottish Prison Service (SPS) said handling the high population was “more difficult than ever”, saying it was “pleasing” the situation had been recognised in Holyrood.

“We look forward to seeing the impact of the steps announced by the Cabinet Secretary for Justice and Home Affairs and Lord Advocate, as we cannot continue to see numbers at their current level, or indeed even higher, without serious detriment to our staff and those in our care,” he said.