Victim support charities express 'grave concerns' over early release of long-term prisoners across Scotland

A major shake-up of Scotland’s prisons system that would pave the way for the early release of hundreds of long-term inmates risks undermining confidence in the criminal justice system, leading victim support charities have warned. 

Victim Support Scotland, Rape Crisis Scotland, Scottish Women’s Aid, together with the domestic abuse support charity, Assist, have expressed wide-ranging concerns over the controversial plans being considered by Scottish ministers, pointing out that the new early release policy would apply to prisoners who have been previously denied parole. They have also raised misgivings over a lack of exclusions built into the plans. 

Under the proposals, those inmates serving a custodial sentence of four years or more would be released from jail for the final third of their sentence. It would apply to those prisoners convicted of serious offences, including sexual and violent crimes, but not to those serving life sentences, orders for lifelong restriction, or extended sentences which involve custody and supervision in the community.

Justice secretary Angela Constance has stressed that public safety considerations would be “paramount,” arguing that the step would provide for a “better balance” between the time spent in custody, and time supervised in the community, while offering a “proportionate way” to reduce pressure on a prison estate that already boasts one of the highest populations in western Europe. 

The Scottish Government says that under the proposals, those released would be subject to licence conditions, supervision, and ultimately recall to custody. Exclusions would apply to some terrorist offences, while individuals who are released would be subject to individualised risk assessment. Victims, it has added, would continue to have the right to receive certain information about a prisoner in their case, including their release dates, and to make representations under the Victim Notification Scheme.

However, that very scheme was roundly criticised last year in an independent review which identified a number of gaps and anomalies around the position of victims who are children, gaps in mental health case processes, and how victims understand and are informed about safety planning in the community.

Now, the group of victim support charities have said they had “grave concerns” about the welfare of victims and public safety as a result of the proposed early release policy. In a joint statement, the organisations acknowledged the dangers of an overcrowded prison estate, but stressed that the government’s “short-term approach” was not the solution. 

“We note with alarm that the only method by which victims would be notified in advance is via the victim notification scheme,” the charities said. “We are aware from the independent review published in 2023 that this scheme is fundamentally flawed and there is very low uptake by victims. 

“Given this, we are extremely concerned that there will be no mechanism to ensure safety planning for victims to prepare in advance of long-term prisoner release. Victim support organisations hear often of victims coming face to face with their perpetrator, having not been informed of their release, and the trauma this causes as well as genuine safety issues.” 

The charities, who have urged people with concerns to take part in the government consultation, added: “Victims have often fought long and hard for justice in their case and feel let down when the main driver for change is prison overcrowding with little or no focus on victim rights. 

“Recent figures show a decline in trust and confidence in the justice system, and we are concerned that this approach will exacerbate the issue of deterring victims from reporting crimes against them.” 

The charities also called for the guidelines to be “strengthened” and to include a governor’s veto, after successfully getting it included as part of the Bail and Release from Custody Act last year, a change which allowed prison bosses to have the final say if they believe there is “an immediate risk.”

“Given victims’ recent experience with emergency early release, we are concerned regarding the lack of exclusions for sexual offences and domestic abuse, and no facility for a governor veto,” the charities’ statement explained. 

Individual victims have also raised alarm bells about the government’s intentions. Last month, Linda McDonald, who suffered multiple injuries, including two skull fractures, after being attacked by Robbie McIntosh, a convicted murderer who was on home leave from a life sentence, said she was left shocked by the proposal.

“The minute I heard ‘early release of long-term prisoners’, it just filled me full of fear,” she said. “Short-term offenders, definitely, I agree with that, 100 per cent. But we're talking about people who have committed manslaughter, attempted murder, paedophiles. It's just horrifying.”

The consultation is proposing a return to policy from before February 2016, at which point the release conditions were changed under legislation introduced by Nicola Sturgeon’s administration. Unless previously recommended for parole at an earlier stage, most long-term prisoners are eligible to be released under licence six months from the end of their sentence.

In a briefing document accompanying the launch of the consultation, the government said that if the early release plan had been enacted on 31 May this year, it would have resulted in the immediate release of around 320 prisoners.

As of 16 May, Scotland’s prison population stood at 8,348, an increase of around 400 over the previous two months. The figure stood at just 7,303 on 1 January 2023. The government’s latest short-term Scottish prison population projections indicate that the average daily prison population could reach as much as 9,150 by October.

A Scottish Government spokesperson said: “We are taking a range of actions to deal with the pressures of a high and complex prison population, including consulting on release arrangements for long-term prisoners.

“Under the proposals in the consultation, those released would be subject to licence conditions, supervision, and ultimately recall to custody. Public safety will be paramount. As at present, the individuals would be subject to individualised risk assessment ahead of release, with licence conditions reflecting the conclusions of that assessment and being set on the recommendations of the Parole Board.

“Victims would continue to have the right to receive certain information about a prisoner, including their release dates, and to make representations under the victim notification scheme.

“We welcome all views on the proposals in the consultation, and any measures taken forward in this area would be introduced through legislation, requiring debate and the approval of Parliament.”