Hundreds of prisoners in Scotland will be released early over the next two months as part of new legislation to ease pressure on the country’s prisons.
Short-term inmates serving less than four years are to be set free after serving 40% of their sentence as opposed to the previous 50%.
The change – which comes into force from 11 February – will also apply to prisoners sentenced from that point on.
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 by the Scottish parliament in November in a bid to ease overcrowding across the nation’s prison estate.
In the long term, the Scottish government said the change could result in a sustained reduction of about 5% to the sentenced prison population.
An estimated 260 to 390 inmates are expected to be eligible for immediate release, with the Scottish Prison Service (SPS) managing the liberations in three tranches over six weeks.
• Tranche one: 18-20 February
• Tranche two: 4-6 March
• Tranche three: 18-20 March
According to the latest SPS data, Scotland’s prison population was 8,223 on 24 January – above the target operating capacity of 8,007.
Justice Secretary Angela Constance said: “The prison population has significantly grown in recent years and I recognise that the impact is being felt in prisons and across the justice system.
“While not a complete solution, this act will bring sustained reduction to prisoner numbers so the prison estate can continue to function effectively.
“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.
“That is why this act is backed by both the Prison Officers’ Association and the Prison Governors’ Association.”
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The victim notification scheme (VNS) remains unchanged.
Those who have signed up to the scheme will be informed automatically by the SPS if there is a change to the release date of the prisoner in their case.
Victims who are not signed up can contact the SPS directly for the information.
They can also nominate Victim Support Scotland, Rape Crisis Scotland, ASSIST or Children First to receive the information on their behalf.
Information on the number of prisoners set free at each tranche and how many victims notified will be published within two months of the initial release.
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Ms Constance added: “I absolutely recognise that the release of prisoners can be distressing for victims of crime and that changing the release point for short-term prisoners has the potential to raise questions and cause concern.
“That is why we will continue to work closely with victim support organisations to ensure that accessible information is available to victims on the change to the release point for short-term prisoners.”
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A total of 477 inmates were let out early in four tranches last summer as part of efforts to ease overcrowding, with 57 returning to prison within weeks after reportedly committing further crimes.
The Scottish Conservatives branded the early release scheme as “reckless” and a “shameful betrayal of victims”.
Liam Kerr MSP, the party’s shadow cabinet secretary for justice, added: “SNP ministers railroaded these plans through parliament without a second thought about the risks it would pose to public safety.
“They are displaying a stunning lack of common sense, given the public expect prisoners to serve their sentences in full.
“This is a crisis of the SNP’s own making due to their catastrophic failure to invest in Scotland’s prison estate over the last 18 years.
“It is disgraceful that their only solution is yet another mass release of criminals, many of whom will undoubtedly go on offend again.”
