Early release of up to 390 prisoners in Scotland begins

The first of up to 390 prisoners are being released early as the Scottish Government attempts to tackle overcrowding in the country’s prisons.

Emergency legislation passed by MSPs in November will change the release point for those serving prison sentences of less than four years from 50% of their sentence to 40%.

The Scottish Government said it expects the change to bring about a 5% reduction in the prison population.

Prisoners will be released in three tranches, with the first starting on Tuesday and ending on Thursday.

The second tranche will take place from March 4-6, and the third will take place from March 18-20.

Those convicted of domestic abuse or sexual offences will not be released early under the changes.

Justice Secretary Angela Constance said the release of prisoners was needed to battle the high prison population.

She said those being released were serving a “wide range” of sentences, including for violent crimes and crimes of dishonesty.

She told the BBC’s Good Morning Scotland programme: “It is fair to say that in terms of crimes of violence that is not an insignificant proportion of people serving short-term sentences.

“But the important point, and the raison d’etre of this legislation, is that we need to achieve a sustained reduction in the prison population that is necessary to ensure that our prisons can continue to accommodate those who pose the greatest risk of harm, and also to support rehabilitation in order to reduce re-offending.

“There is an inextricable link between the work that goes on in prisons and the safety of our community.”

The change comes amid warnings from prison bosses of “critical challenges” as a result of the rising numbers of inmates.

First Minister John Swinney said last year that prisons were “absolutely bursting at the seams” with more than 8,300 people behind bars – above the target operating capacity of 8,007.

Some 477 prisoners were already released early as part of an emergency move to ease overcrowding in the summer. Dozens of these went on to re-offend and were later put back behind bars.

Within months of that release scheme, prisons had begun to struggle with overcrowding again.

The Justice Secretary said the previous release of prisoners provided “temporary respite only” while current measures would result in an “immediate and sustained reduction” in the prison population.

Scottish Liberal Democrat justice spokesperson Liam McArthur said: “For years, the Government was warned that overcrowding in the prison system was a disaster waiting to happen and failed to act.

“Early release for some offenders seemed to be the only realistic option.

“However, Scottish ministers have given themselves the power to release prisoners early, limit scrutiny and prevent prison governors blocking certain criminals from being released.

“As we warned in the earlier debate in Parliament, that’s a risky combination for public safety.”