Hundreds of prisoners in Scotland to be released early as emergency legislation passed

Hundreds of prisoners are to be released from Scotland’s jails early after emergency legislation was passed in a bid to tackle overcrowding.

The Prison Officers’ Association (POA) said it supported the Scottish Government Bill which brings forward the point at which offenders serving shorter sentences become eligible for automatic early release.

Under the plans, between 260 and 390 prisoners are to be released by early February, in three tranches over six weeks.

The Bill changes the automatic release point for sentences of four years or less from 50% to 40% of their term – although those convicted of sexual or domestic violence would be excluded.

It also includes the power for ministers to change the early release point again in future through regulation – which can only be voted on in Holyrood rather than amended.

Last week, support from SNP and Green MSPs meant the Bill passed its first stage – with the final two stages of the legislative process completed on Tuesday, with Holyrood sitting late as a result.

Labour, the Tories and the Liberal Democrats voted against the legislation.

The vote was 67 in favour, 54 against and none abstained.

It comes as prisoner numbers in Scotland have increased despite 477 offenders being released early this summer, with ministers using emergency measures in a bid to try to tackle overcrowding.

Justice Secretary Angela Constance said: “We have experienced a significant rise in our prison population in recent times.

“This means that without intervention, there is a risk that prisons will no longer be safe places for the dedicated staff to carry out the important work of rehabilitation to reduce reoffending.

“That is why this Bill is backed by both the Prison Officers’ Association and the Prison Governors Association.

“The measures in this Bill will bring about a sustained reduction in the prison population as well as relieve some of the acute pressure currently being experienced within our prison estate.

“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 am very aware that victims and their families will have concerns and we will continue to work closely with victim support organisations throughout the process.”

Scottish Conservative shadow justice secretary Liam Kerr MSP said: “The SNP’s reckless plan to release hundreds more prisoners is a weak surrender to criminals.

“They have railroaded this through Parliament without a moment’s thought for victims or public safety.

“Ministers have also turned a blind eye to the concerns raised by senior police officers, over how many prisoners released previously went onto quickly re-offend.

“This bill sums up how disconnected the SNP are from the public. The public want them to show some common sense and ensure prisoners serve their sentences in full.

“SNP ministers must accept that this is a crisis of their own making. Rather than regularly carrying out prisoner release schemes, they must look at alternatives to tackle overcrowding, including the deportation of foreign criminals taking up place in Scotland’s jails.”

Labour’s Pauline McNeill said the passing of the Bill was a “sad day for criminal justice” now that prisoners on short-term sentences would be released after serving only two fifths of the sentence imposed.

While she accepted high prisoner numbers had led to a “crisis” in Scotland’s jails, she said the legislation had “no governor’s veto to provide a safeguard”.

She branded the Bill a “short-term fix for current problems” adding that “we do not know for how long the crisis will last, but the policy will remain”.

McNeill also voiced concerns about the legislation giving powers to ministers which could “potentially radically change” the release system for longer-term prisoners, serving sentences of more than four years.

The MSP insisted “much closer scrutiny” should have been applied before such changes were made.

“I don’t accept this is the way we should do legislation in this Parliament,” Ms McNeill added.

Liberal Democrat justice spokesperson Liam McArthur also spoke out against this, saying it would reduce the future role Holyrood would have in scrutinising such changes.

“That for me, for the Scottish Liberal Democrats is a step too far,” he said.

However Green MSP Maggie Chapman argued that reducing prisoner numbers would allow staff in jails more time to work with offenders to reduce reoffending rates.

She told MSPs: “If we are serious about rehabilitation, we must make space and time for it to happen.

“That requires staff, and that requires space and I believe that requires this Bill.”

The Association of Scottish Police Superintendents (Asps) said it had “grave concerns” about the early release of prisoners.

ASPS president Rob Hay noted that when 477 prisoners had been released early in June and July of this year, more than 10% ended up back in prison “within weeks” because of offending, with some “having committed violent offences”.

He said: “The public are being put at risk. Every crime committed and every victim who suffered at the hands of those criminals represent an avoidable consequence of this misguided Scottish Government policy.

“To release prisoners early, knowing further offending is likely to occur, piles pressure on a police service already stretched to breaking under unsustainable demand.

“The only comfort I can offer the public is that where police officers encounter released prisoners who remain involved in crime, we’ll do all we can to ensure they end up back in custody, where they belong.”