Consultation published on changing the point of release.
Individuals could spend more time under community supervision as
part of their prison sentence, a consultation has proposed.
Views are being sought on changing the point of release under
licence conditions for people serving a custodial sentence of
four years or more, which would provide a more managed return to
the community and be a proportionate way to reduce the pressure
on the prison estate. The proposals, if implemented, would not
apply to those who are serving an extended sentence for violent
or sexual offences.
Currently most people serving long-term sentences, unless
previously recommended for parole at an earlier stage - are
released under community supervision six months before the end of
their sentence. Consultation proposals suggest this could be done
for a third of their sentence. This would return the position to
that prior to 1 February 2016 for most long-term prisoners.
Under the proposals, those released would be subject to licence
conditions, supervision, and ultimately recall to custody. The
individuals would be subject to individualised risk assessment
ahead of release, with licence conditions reflecting the
conclusions of that assessment and being set on the
recommendations of the Parole Board.
Victims would continue to have the right to receive certain
information about a prisoner in their case, including their
release dates, and to make representations under the Victim
Notification Scheme.
Justice Secretary said:
“Supervision is a commonly used element of custodial sentences –
as part of efforts to prepare individuals nearing their return to
the community to settle and ultimately to not re-offend. Our
proposals would bring forward the point at which long-term
prisoners are released so individuals spend more time under
licence conditions in the community before the end of their
sentence.
“Individuals would continue to serve their sentence but do so in
the community under strict supervision, which can improve
reintegration back into society and reduce the risk of
re-offending.
“We are considering these measures to find a better balance
between the time spent in custody and time supervised in the
community, particularly following the recent increase in the
prison population when Scotland already has one of the highest in
Western Europe.
“Public safety will be paramount. Release under licence
conditions means strict community supervision and specific
support in place informed by robust individual risk assessments
of prisoners. These measures would be introduced through
legislation, requiring debate and the approval of Parliament. I
invite people to share their views.”
Background
Responses to this consultation are invited by 19 August 2024. It
can be found here [Long-term prisoner release
process: consultation - Scottish Government consultations -
Citizen Space]
Position Paper [Prison population:
position paper - gov.scot (www.gov.scot)]