SNP to release hundreds more prisoners early as inmate population reaches critical level
Prisons in Scotland are now critically full, leading to emergency measures being discussed
Hundreds of Scottish prisoners are to be released early in what has been branded a “shameful betrayal of victims”.
Justice Secretary Angela Constance has laid out plans to release around 440 prisoners who are serving sentences of under four years and whose release date is within 180 days. The release plans will not apply to those serving sentences for sexual offences or domestic abuse.
Ms Constance has written to Holyrood’s criminal justice committee proposing the prisoners be released in seven waves, the first of which would happen between November 11 and 13.
But opposition parties have attacked the move, with Liam Kerr, the Scottish Conservatives’ justice spokesman, describing the decision as “reckless”.
It is the third time prisoners have been released early under Government decisions since last summer.
A veto will be granted to prison governors to block release if they feel someone eligible poses an "immediate risk of harm".
As of October 2, there were 8,363 prisoners in Scotland - a number that Ms Constance said left the prison estate “on the cusp of having a record number of people”.
Ten prisons are now classed as being a “red risk” and ten are on or over capacity. The classifications were confirmed as it was revealed the prison population had increased by 200 in the past three months.
The announcement by Ms Constance includes bringing Scotland in line with the rest of the UK to deport foreign nationals in Scottish prisoners.
Victims who have signed up to the victim notification scheme will be automatically told if the prisoner in their case is to be released.
Ms Constance said: “The recent increases in the prison population are having a significant impact on those who live and work in our prisons.
“There is now a critical risk to the continued safe and effective operation of the estate due to this pressurised environment and the prison service’s ability to deliver rehabilitative regimes have been severely curtailed.
“These views have been echoed by HM chief inspector of prisons for Scotland.”
Ms Constance said the Scottish Government had carried out a number of actions in recent years to reduce the prison population. These steps include releasing prisoners early on two separate occasions in the past year, increasing the use of home detention, and investing millions into custody alternatives.
However, these moves have failed to control the prison population as more inmates are jailed for serious sexual offences or are serving long-term sentences.
Since 2020, the number of long-term prisoners has increased by 700, which equates to the size of HMP Addiewell.
Ms Constance said: “Let me be clear to Parliament - this is not an action I propose lightly. It is, however, necessary and I consider that the legal test has been met.
“Public safety and protecting victims and their families is paramount. Therefore, I have done my utmost to take account of possible concerns in preparing the legislation.”
Ms Constance said the Scottish Prison Service and Prisoner Governors’ Association had both contacted her about the ”urgent need to reduce the current population”.
A second tranche of prisoner releases is proposed for November 25-27 and a third on December 9-11. A fourth phase is then suggested for January 27-29 next year, a fifth phase on February 24-26, and a sixth phase on March 24-26.
The final tranche would take place from April 27-30 - just before the 2026 Holyrood election.
MSPs will now be asked to approve emergency legislation being brought forward in Holyrood to allow these prisoners to be released earlier.
The Prison Officers’ Association has welcomed the move, but warned “early release is not the answer to the overcrowding problem”.
Phil Fairlie, the association’s Scottish secretary, said: “Our members have been working flat out in these conditions for a prolonged period of time and it is taking its toll on far too many of them. Things cannot continue as they are.
“Far too many are working in extreme conditions and an environment of high risk. Something has to give.
“We are fast heading to setting a new record for our prison population and the recent correspondence from the Scottish Prison Service chief executive to the Scottish Government paints a very stark, but accurate picture of the impact on everyone concerned.
“It is a very clear indicator of just how serious things are when the chief executive feels compelled to write in these terms and we are grateful to her for speaking out and bringing attention to the reality of what things are like, and what the risks are for everyone, if nothing is done.”
The announcement has been heavily criticised by opposition parties in Holyrood, with Mr Kerr describing the release of hundreds of prisoners as a “shameful betrayal of victims”.
He said: “The justice secretary has clearly learned nothing from her previous emergency release schemes, which put public safety at risk and did nothing to reduce the size of the prison population.
“We repeatedly warned them this would be the case, but astonishingly she is rehashing the scheme all over again. The crisis in our prisons is entirely of the SNP’s own making. They have failed to deliver the capacity the prison estate desperately needs, yet still they will not take any responsibility for their abject failures.
“This sums up how disconnected the SNP are from the public, who expect dangerous prisoners to serve their sentences in full, rather than being let out to potentially offend again.”
Pauline McNeill, Scottish Labour’s justice spokeswoman, described the move as “total system chaos”. She said: “For years, the SNP have been warned about our creaking prison estate and overcrowding, but they have instead turned to short-term sticking plaster fixes.
“Meanwhile, the new prison to replace HMP Barlinnie is going to cost taxpayers more than £1 billion and will only add 357 places to the overall prison estate, which doesn’t even meet the current excess over capacity. This is nowhere near good enough.”
Ms McNeill told the justice secretary: “Notwithstanding the professionalism of staff and management in the Scottish prison system, the prison system is in meltdown.
“Remand is still through the roof, there is little progression internally within the prison system, and there is now only one open prison. Victims will be deeply disappointed that we are here again and the question is, will we be back here in another six months?”
It was “vital” Ms Constance now had “constructive” talks with the Home Office after announcing she was looking to deport foreign national offenders, Ms McNeill said.