Up to 390 prisoners to be freed early from next month to ease overcrowding
Hundreds more prisoners will be freed early in Scotland as a new law is set to come into force.
The Prisoners (Early Release) (Scotland) Act was passed by Holyrood in November and will take effect from February 11.
It will change the release point for those serving prison sentences of less than four years from 50% of their sentence to 40%.
Those convicted of domestic abuse or sexual offences will not be released early under the changes.
The Scottish Government said it expects the change to bring about a 5% reduction in the sentenced prison population.
It said the law will make an immediate and longer-term difference to the number of people in jail.
An estimated 260-390 short-term prisoners who have served 40% of their sentence will be released by the Scottish Prison Service in three tranches over six weeks.
The change comes amid warnings from prison bosses of “critical challenges” as a result of the rising numbers of inmates.
First Minister John Swinney said last year that prisons were “absolutely bursting at the seams” with more than 8,300 people behind bars – above the target operating capacity of 8,007.
Some 477 convicts were freed during an early release programme last summer in a bid to ease overcrowding. Fifty-seven of these went on to reoffend and were later put back behind bars.
Justice Secretary Angela Constance said the new measure will result in a “sustained” reduction in prisoner numbers.
She 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.”
Ms Constance said she “absolutely recognises” the release of prisoners can cause distress for victims of crime, and that “changing the release point for short-term prisoners has the potential to raise questions and cause concern”.
She added: “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.”
Scottish Conservative justice spokesman Liam Kerr said: “The imminent introduction of the SNP’s reckless early release scheme is confirmation of their latest shameful betrayal of victims.
“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 offending again.”
Scottish Liberal Democrat justice spokesman Liam McArthur said: “For years, the Government was warned that overcrowding in the prison system was a disaster waiting to happen and failed to act.
“Early release for some offenders seemed to be the only realistic option.
“However, Scottish ministers have given themselves the power to release prisoners early, limit scrutiny and prevent prison governors blocking certain criminals from being released.
“As we warned in the earlier debate in Parliament, that’s a risky combination for public safety.”
