The freed Scottish prisoner back behind bars after 12 hours as governors veto 170 released inmates

Jail governors stepped in to prevent a quarter of inmates being freed

A row has erupted over the early release of prisoners after it was revealed a criminal was put back behind bars within 12 hours as jail governors vetoed the release of nearly 200 inmates.

A scheme was introduced in Scotland earlier this year to ease overcrowding in prisons, with 477 prisoners released between June and July.

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Hundreds of prisoners were released early from prison this summer in an attempt to tackle overcrowdingHundreds of prisoners were released early from prison this summer in an attempt to tackle overcrowding
Hundreds of prisoners were released early from prison this summer in an attempt to tackle overcrowding | PA

Inmates with 180 days or less to serve from a sentence of under four years were eligible for early freedom – a total of 648 people.

But it has emerged that 171 convicted criminals (26.4 per cent) were kept locked up after prison governors vetoed their release because of the risk they posed to other people or to themselves.

And policing and justice magazine 1919 revealed one man who was freed found himself back in jail within 12 hours after drinking and then assaulting someone.

Victim Support Scotland said there needed to be a complete “re-think” of emergency release proposals, with “adequate preparation, rehabilitation, and access to support services” put in place.

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The target capacity of Scotland’s prison estate is 8,007, but this was higher than 8,300 at one point last month.

Under the early release scheme, which mirrored action being taken in England and Wales, nobody convicted of sexual or domestic abuse offences was freed early. Governors could also prevent the release of those thought to pose a risk of immediate harm to an individual or a group.

Malcom Paul, mentoring services manager at Heavy Sound, which operates a prison-based programme, said sufficient support on the outside was essential to help prisoners reintegrate.

He told 1919 that one man he was helping was freed a week before his planned release date, with just three days’ notice, leaving insufficient time to put the required support in place for him when he got out.

“He was back in prison within 12 hours,” he said.

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Scottish Conservative justice spokesperson Liam Kerr said: “These astonishing stats lay bare the recklessness of the SNP’s early-release scheme.

“The fact that prison governors felt compelled to use their power of veto in a quarter of cases is proof of the risk posed by so many of the offenders the SNP are intent on releasing on to Scotland’s streets.

“The Scottish Conservatives warned at the time that this scheme, as well as being an insult to victims, would compromise public safety – and those in charge of our jails clearly agree.

“The SNP’s reliance on failed early-release schemes demonstrates just how disconnected they are from the public, who expect offenders to serve meaningful sentences.

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“Rather than continually failing crime victims and communities up and down Scotland, the SNP should apply some common sense and crack on with delivering the long overdue new prisons in Glasgow and the Highlands which are essential to tackling the prison population crisis.”

It comes after Justice Secretary Angela Constance last month announced those serving sentences under four years would now be eligible for release after serving just two-fifths of their sentence, rather than half. Those convicted of domestic abuse or sex crimes will be excluded.

A Scottish Prison Service spokesperson said: “We always work hard to support people in their journey towards release, to reduce their risk of reoffending, and help build safer communities.

“During the period of emergency early release, this included carefully considering all those who met the strict criteria set by the Scottish Government.

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“Where governors concluded, with the help of intelligence from police and social work, that someone posed an immediate risk to themselves or others, their early release was vetoed.”

They added: “Our staff always work hard to deliver as seamless as possible support for people leaving our care and returning to their communities, particularly in areas such as housing, healthcare and welfare. But there was an additional focus on this group given the accelerated timescales we were working within.”

A Scottish Government spokesperson said: “The prison governor veto was used in 26 per cent of cases, was informed by risk relevant information from other justice partners, including Police Scotland and social work, and was in line with our estimate of 25 per cent.

“All the prisoners who were eligible for emergency release were no more than 180 days from their scheduled release, and indeed 65 per cent were already within 90 days of their original release date.

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“We worked closely with the Scottish Prison Service, and other partners, to ensure that appropriate pre-release planning took place prior to release, in line with an individual’s immediate needs. Post-release support was available for those released during the process, and included support with access to housing, healthcare, and welfare.”

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