The Scottish Parliament will be asked to approve the emergency
release of some short-term prisoners to address the impacts of a
rapid rise in the prison population.
The legislation was announced to Parliament earlier this month by
the Justice Secretary as an emergency response. If the
regulations are agreed by Parliament, then current modelling
indicates that around 550 eligible prisoners will be released in
four tranches from the end of June 2024.
Public safety will remain a priority, and underpin all decisions,
with safeguards built in. There are also a number of automatic
exclusions, meaning prisoners who are serving a life sentence or
are on the Sex Offenders Register are not eligible for
release. Further exclusions have been added and apply to
prisoners who are subject to non-harassment orders, or who have
an unspent conviction for Domestic abuse:
As an additional protection, prison governors will have the power
to veto the release of any prisoner, who is eligible for release,
if they deem them an immediate risk to a specific individual or
group.
Recognising the importance of providing victims information about
the release of the prisoner in their case, named victim support
organisations will be given information about the release
date of a prisoner under the emergency release process, where the
victim has requested it.
Justice Secretary said:
“Emergency early release has become necessary to ensure the
safety and wellbeing of Scottish Prison Service staff and those
in their care as a result of the rapid rise in the prison
population, creating an unprecedented situation. This rise of
around 400 prisoners over the last two months is significant and
could not have been anticipated, and it cannot be ignored, it is
also similar to challenges faced across the UK.
“Protecting the public remains my number one priority, which is
why there are significant and robust safeguards in place.
Releases will also be completed in tranches so the necessary
support can be provided to safely resettle released prisoners in
their communities.
“I recognise concerns victims may have which is why, named victim
support organisations will be given information about the
release date of a prisoner under the emergency release process,
where requested by the victim they are supporting, to enable a
more trauma informed approach.
“This is part of a significant package of measures we are taking
in both the short and long term to deal with rising prisoner
numbers and I will continue to engage with Parliament, victims
organisations, local authorities and other key partners as we
progress these proposals.”
Background
The Early Release of Prisoners
and Prescribed Victim Supporters (Scotland) Regulations 2024.
The current Prison Population is 8313 as of 29 May 2024.
Victim organisations named in the regulations that will be
provided information on prisoner release if requested: Victim
Support Scotland, Rape Crisis Scotland, ASSIST and Children
1st.
Justice Secretary's statement to
the Scottish Parliament on 16 May 2024
Prison population: position
paper - gov.scot (www.gov.scot)
Prison Population: information
note
