Police chiefs are expressing concerns about a new emergency law that will result in the early release of more prisoners from Scottish jails. Rob Hay, president of the Association of Scottish Police Superintendents, is worried that this move will add more pressure to an already stretched police force. The legislation allows prisoners serving less than four years to be released after serving 40% of their sentence, as opposed to the current 50%. This change could see between 260 and 390 inmates being released early in February 2025.
Justice Secretary Angela Constance argues that these measures are necessary to address severe prison overcrowding. Currently, Scotland’s prison population exceeds the target capacity, with 8,253 inmates at the beginning of November. However, Mr. Hay believes that releasing prisoners early not only poses a risk to the public but also strains the police force further.
The Prison Officers’ Association supports the legislation, seeing it as a step towards reducing prisoner numbers. The law excludes those serving sentences for domestic abuse, sexual offenses, or those under non-harassment orders. A previous early release scheme saw 477 inmates released in tranches, with a significant number being convicted of non-sexual crimes of violence.
Despite the government’s efforts, more than 50 individuals released under the emergency scheme ended up back in prison within weeks. First Minister John Swinney acknowledged that the initiative did not solve prison overcrowding, prompting new emergency measures to be proposed. Jim Fairlie from the Prison Officers’ Association believes that these steps are necessary to address the real issue of overcrowding in prisons.
While Justice Secretary Angela Constance defends the changes as critical to relieving pressure on the prison system, Scottish Tory justice spokesman Liam Kerr criticizes the plan as a weak surrender to criminals. He highlights concerns raised by senior police officers about released prisoners re-offending quickly. Kerr emphasizes the need for the SNP government to consider alternatives to tackle overcrowding, such as deporting foreign criminals.
In 2020, 348 prisoners were released under emergency legislation due to the Covid-19 pandemic. The ongoing debate on early prisoner release in Scotland reflects the complex challenges faced by the justice system in balancing public safety with the need to address prison overcrowding.
