Ministers seek early release of inmates as prison estate at ‘critical risk’

The Justice Secretary has said she is seeking the emergency early release of prisoners due to a spike in numbers putting the prison estate at “critical risk”.

Speaking in Holyrood on Thursday, Angela Constance said there has been an increase of 400 prisoners incarcerated in Scotland since March 18 – with the total figure now sitting at 8,348.

While the cause of the increase is not yet known, Ms Constance said some of Scotland’s prisons are “essentially full” as a result.

“The 8,348 individuals in custody this morning represent one of the highest prison populations ever recorded in Scotland,” she said.

“There is now a critical risk to the continued safe and effective operation of the estate, with multiple prisons essentially full.

“The Scottish Prison Service’s (SPS) ability to deliver rehabilitative regimes has been severely curtailed, visits to prisoners are becoming difficult to maintain, and there are increasing challenges to the effective delivery of NHS services.”

Ms Constance said MSPs have “no choice but to act if we are to avoid an unprecedented crisis developing”, suggesting three measures.

The first is the early release of some prisoners, with Scottish Parliament approval, under the Bail and Release from Custody (Scotland) Act.

The legislation comes into force on May 26 and if the legal test for emergency release is satisfied, the Justice Secretary will seek approval from MSPs within the following two weeks.

Under the legislation, minsters can seek to release prisoners early to ensure the “security and good order” of prisons or the “health, safety or welfare of prisoners, or those working in any such prison”.

But under the law, prisoners sentenced to life, those who have not been tried or anyone convicted of a terror-related, sexual or domestic violence offence are not eligible for early release.

The plans would see around 300 to 400 prisoners released in a phased manner under these measures and only where they are already due for release within six months.

Prison governors will also be able to veto the release of any prisoner who meets the criteria but is considered to pose an “immediate risk” to an individual or group.

“My hope was that this would never need to be used,” she said. “However as things stand today, my view is that we have reached the threshold for taking emergency action.

“My intention is that those released would be serving sentences of under four years.

“Public safety will always be my priority, and I can reassure Parliament that there are protections in place so that no-one serving a sentence for sexual offences or domestic abuse will be released, with a governor veto also available.”

The Government will engage with victims organisations and councils in preparation for the release of any prisoners, she added.

She also said ministers will look at how the release of long-term prisoners is managed, saying she will bring a Bill forward in the autumn, as well as expanding the criteria for home detention.

Sharon Dowey, deputy justice spokeswoman for the Tories, said “caution” should be taken when releasing the prisoners, adding: “It is crucial to ensure that individuals released from prison do not pose a risk to the public. It is not the time for the SNP to further their soft-touch approach to justice”.