Legislation to ensure prisons continue to function safely and
effectively following significant rises to the prison population
over the past year has been published.
The Prisoners (Early Release) (Scotland) Bill proposes that most
prisoners serving sentences of less than four years would be
released after serving 40% of their sentence, rather than 50% as
at present. This change would not apply to prisoners sentenced
for domestic abuse or sexual offences.
If the Bill is passed, under the emergency procedures, the change
could be implemented from February 2025 for prisoners already
serving short-term sentences, resulting in between 260-390
prisoners being eligible for immediate release. It is proposed
releases would be managed in three tranches over six weeks. The
change would also apply to prisoners sentenced from that point
on. In the long term, the change could result in a sustained
reduction of around 5% to the sentenced prison population.
Following a public consultation, the Bill also proposes powers
for Ministers to change the point of release under licence
conditions for prisoners serving sentences of four years or more.
Information for victims will continue to be available through the
Victim Notification and Victim Information Schemes, and the
Scottish Government will continue to work closely with victim
support organisations.
Justice Secretary said:
“The prison population has continued to rise and is projected to
reach critical levels again. Long-term action is necessary to
deliver a sustained reduction to the prison population and
support the effective functioning of prisons.
“The proposals include built-in exemptions for those serving
sentences for sexual offences or domestic abuse. We need the
prison system to focus on those who pose the greatest risk to the
public and provide a range of support to help reduce reoffending
and integration back into the community.
“I very much recognise the concerns that may arise from victims
and their families. The confidence of victims and the safety of
communities is vital, and I will engage with victims'
organisations ahead of any changes.”
Background
Prisoners (Early Release)
(Scotland) Bill
Prison population
information note
