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 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.”
Background
The Early Release of
Prisoners and Prescribed Victim Supporters (Scotland) Regulations
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.
The regulations will come into force on 13 June and only
prisoners due to be released within 180 days from this date are
eligible for release.
The current Prison Population is 8,294 as of 12 June 2024.
Justice Secretary's
statement to the Scottish Parliament on 16 May 2024
Prison population:
position paper
Prison Population:
information note
Prison Governor veto
guidance
Prisoners will be released in four tranches on 26 or 27 June, 3
or 4 July, 10 or 11 July, 17 or 18 July with all releases to be
completed by 25 July.
