In context: The Prisoners (Early Release) (Scotland) Bill

What is it about?

Passed by the Scottish Parliament in November, the emergency bill means some offenders serving sentences of less than four years will be released after serving 40 per cent of their time as opposed to the previous 50 per cent.

The bill, which became law last month after receiving royal assent, also includes powers for ministers to propose changes to the point of release for prisoners serving long-term sentences – four years or more – in the future.

The SNP government managed to get the bill through parliament by 67 votes to 54 after securing support from the Greens.

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

The bill was put forward to ease overcrowding in Scottish prisons. Although justice secretary Angela Constance has acknowledged the move will not be a “complete solution”, she insisted it would help ensure prisons remain “safe places for the dedicated staff to carry out the important work of rehabilitation to reduce reoffending”.

The Scottish Government expects the change to reduce the sentenced prison population by around five per cent.

The act does not make any changes to the Victim Notification Scheme and those who have signed up to it will be automatically informed by the Scottish Prison Service (SPS) if there is a change to the date of release of the offender in their case. Those who chose not to sign up can also contact the SPS directly for information.

Are there any exceptions?

Yes, there will be no reduction of sentences for those serving time for domestic abuse, sexual or terrorism offences.

Has this been done elsewhere?

Yes, the scheme replicates a similar approach taken south of the border. As of October, more than 3,100 prisoners had been let out of jails in England and Wales under the early release scheme that was drawn up by the prior UK Conservative government.

When will prisoners be released?

The act comes into force on 11 February, when an estimate of 260 to 390 inmates are expected to be eligible for immediate release.

The SPS will manage the liberations in three tranches across six weeks. The first tranche will be from 18 to 20 February, with the later waves taking place from 4 to 6 March and from 18 to 20 March.

But haven’t some offenders been released early already?

Yes, over summer a total of 477 inmates were let out early as part of the government’s plan to ease overcrowding.

They were released in four tranches during June and July. Around two thirds of those let out had 90 days or less left to serve and 79 per cent were serving two years or under.

However, the decision came under fire from the public after it was revealed that 57 of those who had been released returned to jail within weeks after allegedly reoffending – 12 per cent of the total set free.

Before then, in 2020, 450 short-term offenders were also released early to prevent the spread of Covid in prisons.

Why are Scottish prisons so full?

Scotland is known to have one of the highest incarceration rates in western Europe – 150 people in prison per 100,000 population.

As of November, the country’s prison population was of 8,253 – 216 above the operating capacity target.

Court backlogs caused by the Covid pandemic led to a rapid surge in the number of inmates who were on remand – awaiting conviction or trial – with three in 10 detained for more than 140 days.

What are people saying about it?

The Prison Officers’ Association backed the government’s bill, describing it as “step in the right direction in helping to reduce prisoner numbers”, but warned it was one “of a series of steps” required to ease the “concerning” issue of overcrowding.

Scottish Conservatives justice spokesperson Liam Kerr said the scheme was a “confirmation” of the SNPs “latest shameful betrayal of victims."

And Scottish Liberal Democrats justice spokesperson Liam McArthur described the scheme as a “step too far”.

He said ministers had “given themselves the power to release prisoners early, limit scrutiny and prevent prison governors blocking certain criminals from being released”, putting public safety at risk.

Victim Support Scotland has also criticised the poor communication with victims, pointing out that only two per cent had been notified of their offender’s early prison release under the summer scheme. Its chief executive Kate Wallace added that ahead of the summer release, some offenders had contacted their victims to use their sentence reduction as “a coercive control tool”.