Prisoners serving sentences of less than five years could be released after serving just 30% of their jail term under new Scottish Government proposals aimed at tackling overcrowding in Scotland’s prisons.
Justice Secretary Neil Gray has launched an eight-week public consultation on a package of reforms designed to create a more sustainable prison population while strengthening rehabilitation and reducing reoffending.
The plans come as Scotland’s prisons hold 8,459 inmates, despite the estate being designed to accommodate around 8,000 prisoners.
Among the proposals is an increase in the presumption against short custodial sentences from 12 months to 24 months. The consultation also proposes redefining “short-term sentences” as those of less than five years, rather than the current threshold of four years. If approved, prisoners serving eligible sentences would be automatically released after serving 30% of their custodial term, with the remainder spent under licence in the community.
The Scottish Government consultation states that “prisons are overcrowded and overstretched, placing pressure on staff, limiting opportunities for rehabilitation, and restricting access to purposeful activity”.
It also argues that “most prisoners will return to the community, and it is imperative that they are supported to reduce their risk and leave custody prepared for reintegration”, adding that the proposed measures are intended “to collectively assist in achieving a stable and sustainable prison population”.
The consultation also proposes changes for long-term prisoners, who would be released on licence after serving two-thirds of their sentence, replacing the current system where release typically happens six months before the end of a sentence.
Mr Gray said: “I recognise that these proposed changes are bold and hope this can contribute to thoughtful debate on the consequences of not addressing a rising prison population and also the outcomes of any sentence for a crime committed.
“Justice to be served, and no further reoffending to happen.
“Therefore, change is needed and the consultation provides an opportunity to hear the views of victims, partners and the wider public on all of these measures.
“I can assure members that my officials and I will continue to work with victim support organisations throughout this process.
“I have already stated it is right to invest in the prison system, but in doing so we must recognise the purpose of prisons is not punishment alone.
“Prisons need to facilitate important rehabilitative work, contributing to the whole system commitment of reducing reoffending and protecting victims now, and in future.”
He added: “I believe that the proposals outlined today will help us strike the right balance between recognising the concerns of victims and survivors, and charting a clear course towards a sustainable prison population in the long term.
“Taken together, they will ensure that prevention is at the heart of our justice system, with prisons housing those who pose the greatest risk to communities, rehabilitating them effectively to support successful reintegration into society, and, ultimately, reducing crime and protecting the public.
“Less crime, fewer victims – something we all wish to see.”
However, the proposals have been criticised by the Scottish Conservatives, who argue they would weaken Scotland’s sentencing system.
Scottish Conservative justice spokesman Stephen Kerr said: “Instead of tackling soaring court backlogs, reducing the remand population, and expanding prison capacity, SNP ministers have once again chosen the easy option – cutting the time offenders spend behind bars.
“This marks another significant weakening of Scotland’s sentencing system. Redefining a ‘short prison sentence’ from under four years to under five years will allow many offenders convicted of serious crimes to spend substantially less of their sentence in custody.
“Coupled with plans to allow more long-term prisoners to spend the final third of their sentence in the community, and extending the presumption against prison sentences to 24 months, these proposals send exactly the wrong message to victims and offenders alike.”
Debbie Adams, interim chief executive of Victim Support Scotland, said: “Early release schemes have not been the answer to a sustained reduction in prisoner numbers. We are glad that the Scottish Government is considering a more holistic, evidence-based approach, and that victims’ voices will be highlighted through this consultation.
“Victims of crime must be brought along on this journey. In the face of data that shows serious crimes are on the rise, the Scottish Government must prove that victims’ safety and rights will be prioritised and ensure that any measures are properly resourced.
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“We must hold the Scottish Government to account in terms of investment in the community services that will prove essential for prisoner rehabilitation. We welcome any measures that will reduce reoffending, but any alternatives to custody must be constantly assessed to ensure they are working to reduce the number of people impacted by crime.
“Central to the future success of these proposals is a commitment to victim communication, so that people know exactly what these changes might mean for them, in plain language.”
The consultation will run for eight weeks before the Scottish Government decides whether to bring forward legislation to implement the proposed reforms.
