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The SNP is planning to release hundreds of “dangerous” prisoners years early, despite previously warning the move would put the public at risk.
The Scottish Government is proposing that those serving four years or more would be released on licence two thirds of the way into their sentence, reversing a policy introduced under Nicola Sturgeon, which the SNP had previously hailed as a major achievement.
The SNP government scrapped automatic early release in 2015, with Ms Sturgeon – then the first minister – claiming the “tough action” would keep communities safe from “offenders who commit the most serious crimes”.
However, the prison population has drastically swelled over recent months, leading to the emergency release of hundreds of inmates serving shorter sentences this summer.
The SNP claimed scrapping what was previously a flagship policy, which on Monday was still being hailed as a “top achievement” on the party’s website, would ease strain on “crumbling” prisons’ infrastructure.
It is planned that the change would be applied retrospectively, which would mean the immediate release of around 320 prisoners.
In England, prisoners are typically released half-way through their sentence.
It emerged on Monday that the new Labour government is considering plans for inmates to serve as little as 40 per cent of their sentences to tackle a jails overcrowding crisis in England and Wales.
The Scottish Tories described the about-turn as “yet another broken promise from the SNP to victims of crime.”
Prison estate ‘crumbling’
A spokesman for the party said: “Now the SNP want to release dangerous criminals who have served just two-thirds of their sentence which if enacted would pose a serious risk to public safety.
“The fact that these plans are even being proposed is symptomatic of the SNP’s failure to invest in our prison estate which is crumbling at the seams.
“The needs of criminals have yet again been put above the needs of victims in the SNP’s justice system.
“The Scottish Conservatives would end automatic early release for good, so that criminals have to demonstrate good behaviour before being release, rather than being let off scot-free.”
The emergency early release of more than 500 Scottish inmates, who were serving shorter sentences, began last month after SNP ministers claimed “urgent” action was needed following a spike in prisoner numbers.
So far, 242 have been freed early – with hundreds more to follow later this month.
The plans to treat those on long-term sentences, of four years or more, more leniently are also intended to ease pressure on overcrowded jails.
Proposing the new policy, the Scottish Government claimed the move could help reduce reoffending rates – though the same arguments were dismissed by Ms Sturgeon when she scrapped automatic early release almost a decade ago.
Separately, new figures released on Monday showed there had been a rise in reconviction rates in Scotland.
Surge in offenders reconvicted of another crime
The percentage of offenders reconvicted of another felony within a year was 26.9 per cent in 2020-21 – a 2.6 percentage point increase from 2019-20.
In May, there were 8,348 people in Scottish jails – a rise of around 400 over the previous two months. The figure is expected to surge further and could reach 9,150 by October. The target capacity for the country’s jails is just 8,007.
Angela Constance, the SNP Justice Secretary, said the automatic early release plan would not apply to those serving an extended sentence, meaning courts had specified the period in which an offender must be kept in jail, for violent or sexual crimes.
However, it is believed that it would apply in violent and sexual cases where a normal sentence had been imposed.
Previously, long-term prisoners in Scotland had been forced to serve all but the last six months of their sentence behind bars.
Those released early under the plan, which would require new legislation at Holyrood, would be placed under community supervision under licence conditions and could ultimately be sent back to jail if they breached them.
Ms Constance said: “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.”