New law on early release of prisoners serving short sentences is passed

A new law to lower the minimum term served by prisoners who have been given short sentences has been passed in the Scottish Parliament.

Most prisoners serving less than four years will now be released after serving 40% of their sentence, rather than the previous 50%.

It means between 260 and 390 inmates are now expected to be eligible for immediate release in February 2025 after the legislation was approved by MSPs.

The new rules do not apply to those sentenced for domestic abuse or sexual offences.

The SNP government managed to get the bill passed, with the support of the Greens, by 67 votes to 54.

Labour, the Tories and the Liberal Democrats voted against the legislation.

Justice Secretary Angel Constance had said the changes were “absolutely critical to relieve pressure on the prison estate” and address the overcrowding crisis.

The Prison Officers’ Association (POA) said it supported the new early release law, which it described as “a step in the right direction in helping to reduce prisoner numbers”.

Phil Fairlie, POA assistant general secretary, said it was just one “of a series of steps that will be required if the very concerning and real issue of prison overcrowding is to be tackled longer term”.

But the Association of Scottish Police Superintendents said the new legislation would see the public “being put at risk”.

Its president, Ch Supt Rob Hay, said: “Every crime committed and every victim who suffered at the hands of those criminals represent an avoidable consequence of this misguided Scottish government policy.

“To release prisoners early, knowing further offending is likely to occur, piles pressure on a police service already stretched to breaking under unsustainable demand.”

Scotland’s prison population was 8,253 at the start of November – above the target operating capacity of 8,007.

Early releases will now be managed in three stages over six weeks.

New prisoners sentenced from the point the bill is introduced will also be covered.

In the long term, the government said it could result in a sustained reduction of about 5% to the sentenced prison population.

The proposals replicate a change made south of the border by the UK government.

In June and July, a total of 477 people were let out early under an emergency scheme introduced by the Scottish government.

It involved prisoners who had been sentenced to less than four years in jail and who had less than 180 days still to serve.

But it was revealed in September that the prison population was already higher than it had been before the early release.

In October, the Scottish government shelved proposals for the automatic early release of long-term prisoners due to concerns from victims of crime.