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Parliament of Scotland Approves Early Release of Prisoners to Alleviate Overcrowding


Detractors of the emergency release program argue that it is a rushed, temporary solution that fails to tackle the underlying reasons for the increase in Scotland’s prison population.

The Scottish Parliament has given the green light to the early release of prisoners in response to mounting pressure on the prison system.

Members of the Scottish Parliament supported the regulations, which will see approximately 514 eligible prisoners released in four phases starting from June 26.

During meetings on June 5 and June 12, the Criminal Justice Committee of Scotland heard oral evidence and subsequently deliberated on a motion to authorize the early release of prisoners. The proposals were endorsed on Wednesday by a vote of 66 in favor to 47 against, with five abstentions.

Justice Secretary Angela Constance informed the committee that the substantial increase in the prison population necessitated “immediate and urgent action.”

She highlighted that the entire prison system across the country is facing challenges, with the UK Parliament and leadership in Wales implementing similar measures.

The emergency release initiative aims to ensure the safety and well-being of both staff and inmates, with Ms. Constance emphasizing that “protecting the public remains [the] absolute priority.”

Escalation in Prison Population

Prisoners serving sentences of less than four years and eligible for release within 180 days following June 26 are eligible. The latest release date under the regulations is July 25, 2024.

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Implemented in four phases, the release process will be carried out in stages to facilitate necessary support and safe reintegration of prisoners into their communities.

The Justice Directorate will collaborate with victim support organizations, offering information to those interested in an offender’s release.

“This forms part of a comprehensive set of measures we are implementing in both the short and long term to address the continuous increase in Scotland’s prison population, which remains among the highest in Western Europe,” Ms. Constance remarked.

The Scottish Government tackled the issue of the escalating prison population in a position paper released on May 16. At that time, the Scottish prison population exceeded 8,300 individuals, marking an increase of approximately 400 people over the previous two months.

Ministers characterized the rise as “significant,” which was unforeseen and occurred amidst an overall increase of around 10% since the same period in 2023.

The government also warned that the numbers could continue to rise in the immediate future.

The surge in prison population figures is attributed to a rise in longer sentences and the backlog of individuals awaiting sentencing due to the post-pandemic court delays, exacerbating the challenges faced by the prison system, according to the government.

Temporary Fix

The Chief Executive of the Scottish Prison Service, Teresa Medhurst, affirmed to the committee that the emergency release measure was essential.

“Given the steep increase in population levels, I have indicated to the Cabinet secretary that soon we may struggle to uphold the basic rights of inmates,” Ms. Medhurst expressed.

Scottish Labour opposed the plans, indicating that the issue of escalating prison population has been known for some time.

Following the vote, party spokeswoman Pauline McNeill voiced concerns that the decision was rushed without adequate precautions.

“Scottish Labour is apprehensive that the group of prisoners includes individuals serving sentences of up to four years, which may involve serious offenders.

“This temporary SNP solution does not address overcrowding root causes and could potentially lead us back to the current situation, necessitating more emergency releases in just a few months,” Ms. McNeill stated.

She urged the ruling Scottish National Party to address the underlying causes of overcrowding and present a sustainable long-term plan.

The program initially permitted prisoners to be released up to 18 days before their scheduled release date. An extension to 70 days was approved by Justice Secretary Alex Chalk and took effect from May 23.

PA Media contributed to this report.



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