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New law on early release of short-term prisoners in Scotland is passed at Holyrood

According to the latest Scottish Prison Service (SPS) data, Scotland鈥檚 prison population was 8,277 on 22 November - above the target operating capacity of 8,007.

A general view of a prison wing during the official opening of HMP Fosse Way, the new Category C prison in Leicester. Picture date: Thursday June 29, 2023.
Image: File pic: PA
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New legislation reducing the automatic release point for short-term prisoners in Scotland has been passed by MSPs.

Inmates serving less than four years will now be set free after serving 40% of their sentence as opposed to the previous 50%.

However, the new law will not apply to those in jail for domestic abuse or sexual offences.

The Prisoners (Early Release) (Scotland) Bill was passed in the Scottish parliament on Tuesday evening in a bid to ease overcrowding across the nation's prison estate.

Justice Secretary Angela Constance said: "We have experienced a significant rise in our prison population in recent times.

"This means that without intervention, there is a risk that prisons will no longer be safe places for the dedicated staff to carry out the important work of rehabilitation to reduce reoffending.

"That is why this bill is backed by both the Prison Officers' Association and the Prison Governors' Association.

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"The measures in this bill will bring about a sustained reduction in the prison population as well as relieve some of the acute pressure currently being experienced within our prison estate.

"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 am very aware that victims and their families will have concerns and we will continue to work closely with victim support organisations throughout the process."

According to the latest Scottish Prison Service (SPS) data, Scotland's prison population was 8,277 on 22 November - above the target operating capacity of 8,007.

It has been estimated that between 260 and 390 inmates will be eligible for immediate release if implemented from February 2025.

The Scottish Prison Service (SPS) will manage the initial releases in three tranches over six weeks.

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The change will also apply to prisoners sentenced from that point on.

The bill also includes powers for ministers to change the point of release under licence conditions for prisoners serving sentences of four years or more.

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In the long term, the Scottish government said the change could result in a sustained reduction of about 5% to the sentenced prison population.

The proposals replicate a change made south of the border by the UK government.

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Scottish Labour, the Scottish Conservatives and the Scottish Liberal Democrats voted against the bill.

Labour MSP Pauline McNeill said the passing of the bill was a "sad day for criminal justice".

MSP Liam Kerr, the Scottish Tories' justice spokesperson, added: "The government wants to suggest this is about relieving a prison system bursting at the seams, but really it is about the SNP's failure over 17 years to develop a proper holistic strategy around the justice ecosystem, to build new prisons or get the staffing and resourcing right in those that we have."