Holyrood approves emergency prisoner release scheme

Release programme includes exclusions and governor vetoes

The Scottish Parliament has approved plans to release more short-term prisoners early due to rising prison numbers.

Following parliamentary approval of the regulations, this means:

  • Short-term prisoners serving sentences under four years and within 180 days of their scheduled release are eligible for emergency release
  • Anyone serving a sentence for sexual offences or domestic abuse, and registered sex offenders, is excluded from the release plan
  • Prison governors can veto an eligible person’s early release if there is evidence they would pose an immediate risk to specific individuals or groups.

Based on the approved criteria, approximately 440 prisoners could be released in the first three fortnightly tranches over November and December 2025.

Around 550 could be released over the remaining four monthly tranches from January to April 2026, with January likely to see the largest release.

Justice Secretary Angela Constance said: “These emergency measures are necessary and proportionate to maintain prison security and good order, as well as the safety and welfare of prisoners and staff.

“Emergency release will reduce the prison population within days, with scheduled releases over six months maintaining this effect.

“These regulations include safeguards: statutory exclusions for sex offenders and those serving sentences for domestic abuse, plus additional exclusions for prisoners with unspent domestic abuse convictions or non-harassment orders.

“In addition, prison governors can veto releases that pose an immediate risk of harm to an identifiable individual or group.

“This is not a decision I take lightly, but action is necessary. The Scottish Prison Service’s (SPS) Assessed Capacity Tolerance has been breached repeatedly, with many establishments at red risk status.

“The SPS risks failing to meet statutory duties and legal obligations.

“I absolutely recognise that the early release of prisoners can be a cause for concern for victims and I would encourage anyone wishing to do so to join the Victim Notification Scheme or contact the SPS direct.  

“We are committed to a sustainable prison population long-term, including opening new prisons in Inverness and Glasgow.

“We will consider recommendations from the independent Sentencing and Penal Policy Commission, due by end of 2025, to address Scotland’s disproportionately high prison population compared to other European countries while maintaining a safe, rehabilitative environment.”

Silverknowes Road closed as council introduces emergency measures

The City of Edinburgh Council is set to introduce emergency measures to help pedestrians and cyclists to travel safely while observing physical distancing guidance.

The council has been working closely with Transport Scotland and Sustrans to develop an approach to re-designating road space. This will benefit from support from a £10m fund to help local authorities introduce temporary active travel solutions, announced by the Cabinet Secretary Michael Matheson on Tuesday.

Over the coming weeks Edinburgh will be implementing several changes to help prioritise walking and cycling. Immediate actions will tackle areas highlighted as pinch points for pedestrians and cyclists and will include some road lane closures and the implementation of temporary cycle lanes.

There has been significant, understandable public demand for action to help facilitate safe daily exercise and the movement of essential workers.

In the medium term, as lockdown measures continue and are eventually eased, the council will develop a citywide approach to more significant changes, such as expanded cycle lanes and the creation of bus gates.

Longer term, it is proposed that progress on more permanent schemes under the Active Travel Programme is brought forward.

Council Leader Adam McVey said: The way we move around the city has changed significantly over recent weeks and it’s clear that we need to respond to this.

“We’ve been working closely with the Scottish Government to develop measures to help pedestrians and cyclists travel safely while remaining socially distant, so we’re delighted that Transport Scotland has confirmed funding to support local authorities to meet this challenge.

“Our commitment to encouraging and facilitating safer, more convenient walking and cycling in Edinburgh remains as strong as ever. We want to ensure that our city can support essential journeys and let local people access their local open spaces by creating safe, accessible routes to do so.”

Depute Leader Cammy Day said: “As we plan for the city’s recovery, we must consider ways in which we can help people make daily journeys while limiting the potential impact of coronavirus, and maintaining physical distancing is essential to this.

“We’re going to be making changes around the city over the coming weeks to achieve this, as well as progressing plans to further improve infrastructure as we emerge from the crisis.”

Immediate measures will include the closure of the following roads:

  • Silverknowes Road (implemented by today – Thursday, 30 April)
  • Braid Road (implemented by Sunday, 3 May)
  • Links Gardens (implemented by Sunday, 3 May)

These locations have been identified in close dialogue with relevant Council services and Police Scotland who have expressed concerns in each area.

Further emergency measures are being investigated for implementation in the weeks beginning 4 May and 11 May and these will be communicated as soon as possible.

The council will continue to address other ‘pinch points’ and local issues, making use of Temporary Traffic Regulation Orders where necessary, which allow urgent amendments to be made to road layouts to help create more space for people on foot or bike.

The next steps will see a report brought to the Policy and Sustainability Committee in May outlining a citywide plan for more significant changes to the road network to create additional space for walking and cycling.

Alongside this, council officers will be investigating early delivery of some of our more ambitious active travel projects which will help people to make essential journeys safely and quickly as we move towards a new normal.

Further information on the Council’s response to the coronavirus outbreak is available online.