Early Prisoner Releases in Scotland Raise Concerns for Victims

The Scottish Government is set to release up to 84 prisoners early on December 9, 2023, as part of efforts to manage a growing prison population that reached a record high of 8,441 inmates in November. Justice Secretary Angela Constance expressed that this action, while necessary, will provide “cold comfort” to victims of crime who may feel unsettled by the early release of offenders.

Constance clarified that only those nearing the end of their sentences would be eligible for early release. The initiative specifically excludes individuals convicted of domestic abuse or sexual crimes. Additionally, prison governors will have the authority to veto any early release decisions, ensuring that public safety remains a priority.

The early release scheme has already resulted in more than 400 prisoners being freed this year, with projections indicating that as many as 990 inmates could be released over the next five months. This measure aims to alleviate overcrowding in Scotland’s prisons, where the strain on facilities has become increasingly evident.

Government’s Approach to Prison Overcrowding

In an interview on the BBC’s Radio Scotland Breakfast programme, Constance emphasized that the government is pursuing “longer term solutions” to address the challenges posed by the high prison population. She acknowledged the necessity of the early release programme as a stopgap measure to tackle current overcrowding issues.

“This isn’t a decision that I took lightly,” Constance stated. “I can assure you of that, but there is a legal requirement for our prisons to be safe for staff and prisoners.” She further noted that the individuals being released early are those who would soon return to their communities, highlighting that the aim is to manage a situation that has become untenable.

Constance attributed delays in the construction of new prisons to various factors outside the government’s control, including the Covid pandemic, rising inflation, and supply chain issues. Despite an increase in prison capacity of approximately 400 inmates over the past year, she cautioned that simply building new facilities will not solve the underlying problem of overcrowding.

Impact on Victims and Future Considerations

The early release strategy has raised concerns among victims and advocates for justice, who fear that releasing prisoners could undermine public safety. Constance acknowledged these worries, stating, “I appreciate that for victims, this will be cold comfort.” She reiterated that the released individuals would be those nearing the end of their sentences and that the government remains committed to ensuring safe and effective prison environments.

As the situation develops, both the government and justice officials will need to balance the necessity of managing prison populations with the rights and concerns of victims of crime. The early release of prisoners in Scotland represents a significant and complex challenge, requiring ongoing dialogue and evaluation of the impacts on communities across the country.