Violent and dangerous criminals will be among hundreds of others released early from Scottish prisons by the SNP in another ‘slap in the face’ for victims.
John Swinney’s administration yesterday lowered the amount of time inmates must remain behind bars to less than half a sentence.
Up to 390 inmates will be released from prison quickly under new rules that will free those who serve four years or less if they serve only 40 percent of their time.
The changes, which reduce the release point from the current 50 per cent, are part of a number of controversial new measures to reduce Scotland’s prison population.
Prosecutors have also been told to allow bail for anyone awaiting trial who is deemed not to pose a significant risk to the public or the individual.
John Swinney’s administration has lowered the amount of time inmates must remain behind bars to less than half a sentence.
Up to 390 inmates will be released from prison under the new rules (Image: HMP Barlinnie in Glasgow)
Justice Secretary Angela Constance says further action is needed as prison populations rise to ‘critical’ levels
Plans for the early release of some long-term prisoners remain on the table but ministers will not go ahead with the move now because of concerns raised during a public consultation.
It comes a day after the SNP said victims of crime would be ‘firmly at the heart’ of changes to the system that notifies them when criminals are set to go free.
Scottish Conservative justice spokesman Liam Kerr said: “John Swinney’s proposal is a slap in the face to victims of crime.
‘The SNP’s fight to free criminals back onto our streets early undermines court sentences, betrays victims and will inevitably increase the crimes they commit.
‘It is high time the SNP Government applied a common-sense approach to justice, including prioritizing victims instead of pandering to criminals.’
Nearly 500 inmates have been released in early June and July to free up capacity in Scottish jails.
But Justice Secretary Angela Constance yesterday said more action was needed as the prison population rose to ‘critical’ levels, with 8,322 people in custody as of yesterday (THURS) morning, with more than one in four in custody.
He said ‘deeper and deeper action’ was needed in the justice system to tackle the problem.
Lowering the release point to 40 percent would free anyone serving a ‘short-term’ sentence of four years or less, except for those jailed for sexual offenses or domestic abuse.
This may include people convicted of crimes including assault and robbery.
Nearly 500 inmates have been released in early June and July to free up capacity in Scottish jails (Stock image)
Lord Advocate Dorothy Bain also announced temporary measures to extend the use of bail to ease pressure on the prison system.
Emergency legislation is likely to be introduced in parliament next month to allow the changes to happen quickly – and Ms Constance said it would have an immediate effect which would reduce the prison population by between 260 and 390.
He said: ‘This will not solve the prison population on its own, but what is important is sustainable action rather than temporary measures.’
The Minister has considered bringing forward the point of release for long-term prisoners but Ms Constance said concerns had been raised during official discussions about ‘significant practical difficulties’.
Despite this, he said he remains committed to considering a change to the point of long-term prisoner release.
The early release of more prisoners also remains on the table. Ms Constance said: “It is not my intention to ask Parliament to authorize the use of emergency early release again at this stage.
‘However, I understand that if it is necessary and there is no alternative, it may be necessary.
‘We will therefore begin contingency planning around this option – working with key delivery partners, including victim support organisations, to learn from the early releases of emergencies over the summer and to ensure that these plans are robust, with a clear focus on public protection.’
He also suggested that prisons should only be used for ‘those who pose the greatest risk to society’.
Lord Advocate Dorothy Bain, head of Scotland’s prosecution service, also announced new temporary measures to extend the use of bail after she said she had been asked to assess possible measures to ease pressure on prisons.
In a statement to the MSP, he said: ‘When the issue of bail is first considered, the prosecutor will highlight cases where it is considered that the option of electronic monitoring or other means of monitoring special bail conditions can manage public security risks and prevent them. offend again.
‘If the individual does not represent a risk for members of the public or for certain individuals, I instruct the prosecutor that the defendant should not usually oppose.’
He stressed the existing approach to bail would not change for those facing allegations of domestic abuse or sexual offences.
He added: ‘As Lord Advocate, my job is to uphold the rule of law and see that those who commit crimes are held accountable.
‘No one is more determined than I to see that those who should be imprisoned are kept there.
‘However, I know that filling prisons beyond their capacity will not serve justice or public safety.
‘The measures I have taken today, taken independently and in the public interest, will continue to be taken to keep people safe.’
The Minister also yesterday announced plans for regulations to enable GPS technology for those released under house arrest curfews.
Scottish Labour’s community safety spokeswoman Katy Clark said: “This crisis is the result of 17 years of SNP incompetence and mismanagement.
For years the SNP has failed to build or modernize prisons or deal with court arrears, leaving prisons in ruins.
‘In the last round of prisoner releases, victims of crime are treated as an afterthought – something that cannot be allowed to happen again.
‘Victims must not be forgotten and public safety must be protected if the SNP is to go ahead with these plans.’