Emergency legislation to tackle rising prison population

Emergency legislation will be introduced to Parliament to contribute to the sustainable long-term management of Scotland’s prison population, Justice Secretary Angela Constance told MSPs.

The Bill, to be introduced in November, will propose a change to the release point for short-term prisoners serving sentences of less than four years. At present they are released at the halfway point of their sentence. Under these new proposals they will be released after serving 40% of their sentence, with prisoners serving sentences for domestic abuse or sexual offences excluded from the changes.

The Justice Secretary said the wellbeing of victims and the safety of communities will be a priority when implementing the measures, and the Scottish Government will engage directly with victims organisations.

The proposals, scheduled to come into effect from February next year, would apply to both those currently in prison and those sentenced in future. If backed by Parliament, it is estimated the changes could result in a sustained reduction to the prison population of between 260 and 390.

The proposals in the legislation would also give Ministers powers to change the point of release under licence conditions for long-term prisoners serving sentences of four years or more. This follows the recent public consultation on long-term prisoner release, which highlighted various areas requiring more in-depth consideration with partners.

While not currently proposed, contingency planning for the emergency early release of short-term prisoners is being undertaken, should it be needed to ensure the health and welfare of prison staff and prisoners during a continuing rise in the prison population.

In her Parliamentary statement, Ms Constance underlined the importance of public safety and putting in place a sustainable long-term strategy to tackle the rising prison population.

Speaking after delivering her statement, the Justice Secretary said: “I am prioritising actions that can deliver a sustained reduction to the prison population. Public safety remains paramount, which is why I am focusing on short-term prisoners only and with built-in exemptions.

“I recognise the concerns that may arise from victims and their families and I am committed to working closely with victim support organisations on key issues.

“The measures I have outlined are necessary to support prisons to continue to function effectively and I remain grateful to Scottish Prison Service staff for their continued resilience. We must ensure that we have a prison estate which houses those who pose a risk to the public and provides the full range of support needed for people to leave on a better path and never turn back.”

These prison management measures follow yesterday’s announcement that victims of crime will receive improved support, advice and information under reforms to the Victim Notification Scheme that entitles victims or close relatives of homicide victims to certain information about the person responsible for the crime.

Justice Secretary’s statement to parliament

Prison population information note

Latest prison population figure – 8,322 as of Thursday 10 October

Prisoner early release plan approved

Regulations, including safeguards, approved by MSPs

The Scottish Parliament has approved the early release of some short-term prisoners to address the impacts of a recent rapid rise in the prison population.

Under current modelling, based on the criteria set out in the regulations approved by Parliament, around 514 eligible prisoners will be released in four tranches from the 26 June.

Public safety will remain a priority, and underpin all decisions, with safeguards built in. Only prisoners serving less than four years and due to be released within 180 days are eligible for release.

Certain categories of prisoners are automatically excluded and not eligible for early release under the plans; that is any prisoner who: is serving a life sentence, is on the Sex Offenders Register, is subject to a non-harassment order, or who has an unspent conviction for domestic abuse.

As an additional protection, prison governors will have the power to veto the release of any otherwise eligible prisoner, if they deem them an immediate risk to a specific individual or group.

In addition, the regulations ensure that victims will be able to receive information about the release of a prisoner in their case through, or as well as, a named victim support organisation, where the victim has requested it. 

Justice Secretary Angela Constance said: “Immediate and urgent action is needed to deal with the significant recent rise in the prison population. The same challenges in prisons are faced across the UK and the UK Government has taken similar action in England and Wales.

“Through this emergency early release plan, backed by Parliament, we are responding to this critical situation and ensuring the safety and welfare of staff and prisoners.

“Protecting the public remains my absolute priority, which is why there are significant and robust safeguards in place and only those due to be released in the next short while are eligible. Releases will also be completed in tranches so the necessary support can be provided to safely resettle released prisoners in their communities.

“We are working with victims organisations to ensure the right information and support is available where needed. In addition, the existing statutory schemes of information for victims will continue to ensure that victims who wish to receive information about an offender’s release, including emergency early release, can do so.

“This is part of a significant package of measures we are taking in both the short and longer term to deal with the continuing rise in Scotland’s prison population, which remains one of the highest in Western Europe.”

The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024.