The release of hundreds of prisoners in Scotland is underway as part of a new attempt to ease the strain on overcrowded jails, but the move is generating mixed reactions from all sides.
Emergency Legislation Passes Amid Prison Overcrowding
Scotland’s prisons are facing an unprecedented crisis, with the population surpassing the target operating capacity of 8,007 by reaching 8,344 inmates by the end of last week. In response, the Scottish government has passed emergency legislation that allows prisoners sentenced to less than four years to be released after serving just 40% of their sentence, instead of the usual 50%.
This marks the start of a series of releases over six weeks, with up to 390 prisoners expected to benefit from the new law. However, certain individuals—those convicted of domestic abuse or sexual offences—are excluded from early release, ensuring that dangerous offenders remain behind bars.
Justice Secretary Angela Constance has spoken out about the need for the move, explaining that overcrowded prisons hinder rehabilitation efforts and put both staff and inmates at risk. “What we can’t have is overcrowded prisons because that is not in the interests of prisoners, staff, and ultimately the community,” Constance said.
Despite these efforts, the effectiveness of early release remains a topic of debate.
The Repercussions of Early Release for Victims
While the intention behind the policy is clear, its execution has raised concerns, especially among victims of crime. Victim Support Scotland (VSS) has expressed anxiety over the impact of early releases on victims, particularly those who were not notified in time.
Kate Wallace, Chief Executive of VSS, shared that some victims feel “worried for their own and their family’s safety when someone’s being released from prison.” She noted that early releases often reignite trauma for victims, especially those whose cases are older. The charity urges victims to sign up for a notification scheme, though only a small percentage have done so.
For Lynn Burns, whose son Sam Johnston was murdered in 2013, the trauma is real. “When I found out my son’s killer was released early, it felt completely traumatising,” she said. Burns, who now helps other victims of crime, emphasized that a shift in the criminal justice system is essential to balancing rehabilitation with public safety.
Overcrowding and the Strain on Barlinnie Prison
Barlinnie, Scotland’s largest and most notorious prison, is at the center of the overcrowding problem. Originally designed for just 987 prisoners, it now holds almost 1,400, a situation described by its governor, Michael Stoney, as a “pressure cooker.”
Stoney explained that while the new early release laws were necessary to alleviate the strain on facilities like Barlinnie, they come with a downside. He admitted that many of those released early would inevitably return to jail, continuing the cycle of reoffending.
He also acknowledged the need for a comprehensive solution: “We do the best we can, but there’s a real focus on nudging people forward in terms of life development,” said Stoney. The long-awaited replacement for Barlinnie, HMP Glasgow, is currently under construction and is expected to open in 2028, though it comes with a hefty price tag of nearly £1 billion.
Critics Question the Effectiveness of Early Release
The early release policy has not been without its critics. Former prisoner Jordan Robertson, who spent time in Scottish jails for gang-related crimes, argued that the scheme is little more than a “quick fix” to a much larger problem. He believes that overcrowding is a symptom of a failing system that needs to prioritize rehabilitation and not just short-term solutions.
He pointed out that overcrowding results in prisoners being “warehoused” rather than rehabilitated, and added that many who are released early are not prepared for reintegration into society, setting them up for reoffending. The issue, he argues, is not simply about freeing up space in prisons, but about addressing the underlying causes of crime.
Critics from both sides of the political spectrum have also weighed in, with the Scottish Conservatives accusing the Scottish National Party (SNP) of “catastrophic failure” to build new prisons on time and within budget. Justice reform campaigners have similarly expressed concerns, emphasizing that overcrowding alone is not the core issue—many prisoners are incarcerated for non-violent offenses and could be better served by alternatives to prison.
Changing the Way Scotland Approaches Crime and Punishment
The debate surrounding early release and prison overcrowding highlights a much larger issue in Scotland’s criminal justice system. For Lynn Burns, the mother of a murder victim, “How we punish and rehabilitate people should be an issue, and how we care for victims should be as big a priority.”
She points out the inherent flaws in the current system, where some individuals are serving sentences when they may be better suited to alternative rehabilitation programs. At the same time, others, she argues, are kept behind bars for the safety of society, but the rehabilitation process should not be neglected.
It has been over 16 years since the Scottish Prisons Commission report urged for a fresh approach to crime and punishment. The report argued that the high levels of incarceration in Scotland have done little to tackle deeper societal issues such as violence, drug abuse, and alcohol dependency.
