In a significant move aimed at reducing prison overcrowding, the Scottish Government has announced that up to 390 prisoners will be released early, beginning in February. This controversial decision follows the passing of emergency legislation last year, allowing eligible inmates to be released after serving 40% of their sentence, rather than the previous 50%. The change, which is set to take effect on 11 February, has sparked debates on its impact on public safety, the justice system, and victim support.
Aiming for Overcrowding Relief
The decision to release prisoners early comes as part of the Scottish Government’s efforts to alleviate overcrowding in the prison system. According to Justice Secretary Angela Constance, the law is expected to bring a “sustained reduction” in prisoner numbers, ensuring that the prison estate continues to function effectively. The prisoners eligible for early release are those serving sentences of less than four years, with no convictions for serious crimes such as domestic abuse or sexual offences.
The releases will occur in three phases:
- The first phase starts on 18 February.
- The second phase will run from 4 to 6 March.
- The final phase will take place between 18 and 20 March.
Constance emphasized that while this measure is not a “complete solution,” it is a necessary step in addressing the growing pressure on the prison system.
Reactions from Victim Support and the Public
While the move has garnered support from certain sectors, it has also raised concerns, particularly among victim support organizations and law enforcement agencies.
- Victim Support Scotland voiced concerns about the lack of communication to victims following previous early releases. Only 2% of victims were notified in the past, and the organization has warned that failure to improve notification processes could damage trust in the justice system.
- The Association of Scottish Police Superintendents expressed its worry that the early release of prisoners could put public safety at risk, claiming the legislation might lead to the release of individuals who could pose a threat to society.
On the other hand, the Prison Officers’ Association has supported the legislation, recognizing it as a step in the right direction in reducing prison overcrowding. The association sees it as a measure that will help alleviate the strain on prison resources.
Long-Term Impact on Prison Populations
The Scottish Government has indicated that this early release law could ultimately reduce the sentenced prison population by up to 5%. However, despite these efforts, Scotland’s prison population remains high. As of the latest figures, there are 8,223 inmates in Scottish prisons, surpassing the target operating capacity of 8,007.
In a similar move, the UK Government also introduced early releases in England as part of a strategy to combat overcrowding. This suggests that the Scottish approach is in line with broader strategies being adopted across the UK to address the issue of prison overcapacity.
Legal and Political Reactions
The early release scheme has sparked significant political debate. Liam Kerr, the Scottish Conservative justice spokesperson, has strongly criticized the initiative, calling it a “reckless” scheme that betrays victims of crime. Meanwhile, Liam McArthur of the Scottish Liberal Democrats raised concerns about the reduced scrutiny and the risks posed to public safety, particularly given that prison governors will have limited ability to block the release of certain individuals.
Victim Support and Communication Gaps
One of the most pressing concerns with the early release scheme is its potential impact on victims. While victims who are enrolled in the Victim Notification Scheme will be automatically notified of any changes to the release date of a prisoner, those who are not signed up must contact the Scottish Prison Service (SPS) directly to receive updates. Victims also have the option to nominate third-party organizations, such as Victim Support Scotland or Rape Crisis Scotland, to receive information on their behalf.
There are growing concerns that without better communication and more robust systems in place, the release of prisoners could erode public confidence in the justice system.
A Complex Balancing Act
While the Scottish Government’s decision to release prisoners early is an attempt to alleviate prison overcrowding, it is clear that this decision is far from straightforward. The move has raised concerns from various quarters, including victim support groups, police officials, and political opponents. Balancing the needs of the justice system, public safety, and the rights of victims will be a challenge as the Scottish Government implements this policy over the coming months.
