Violent and dangerous criminals will be among hundreds more freed early from Scotland’s prisons by the SNP in another ‘slap in the face’ for victims.
John Swinney’s government yesterday lowered the amount of time convicts will have to stay behind bars to less than half their sentences.
Up to 390 inmates are set to be freed from prison imminently under new rules which will release those serving four years or less if they have served just 40 per cent of their time.
The change, which lowers the release point from 50 per cent at present, was part of a series of controversial new measures to cut Scotland’s prison population.
Prosecutors have also been told to allow bail for anyone awaiting trial who is deemed not to be a significant risk to the public or individuals.
Plans to grant the early release of some long-term prisoners remain on the table but ministers will not go ahead with the move at present because of the amount of concern raised during a public consultation.
It comes a day after the SNP said victims of crime would be ‘firmly at the heart’ of changes to the system notifying them when criminals are about to be freed.
Scottish Conservative justice spokesman Liam Kerr said: ‘John Swinney’s proposals are a slap in the face for victims of crime.
‘The SNP’s crusade to free criminals back on to our streets early undermines judicial sentencing, betrays victims and will inevitably lead to an increase in crimes being committed.
‘It’s high time the SNP Government applied a common-sense approach to justice, including prioritising victims rather than pandering to criminals.’
Nearly 500 inmates were already released early over June and July to free up capacity in Scotland’s jails.
But Justice Secretary Angela Constance yesterday said further action was needed as the prison population soared to ‘critical’ levels, with 8,322 people in custody as of yesterday (THUR) morning, with just over one in four of those on remand.
She said that ‘further and deeper action’ is needed across the justice system to tackle the problem.
The lowering of the release point to 40 per cent will free anyone serving ‘short term’ sentences of four years or less, apart from people who are in jail because of sexual offences or domestic abuse.
This can include those convicted for crimes including assault and robbery.
Emergency legislation is likely to be lodged in parliament next month to allow the change to happen quickly – and Ms Constance said it would have an immediate impact which would lower the prison population by between 260 and 390.
She said: ‘This will not resolve the prison population by itself, but importantly it is sustainable action rather than a temporary measure.’
Ministers had been considering bringing forward the point of release for longer-term prisoners but Ms Constance said concerns were raised during a formal consultation about ‘significant practical difficulties’.
Despite this, she said she remains committed to considering changes to the long-term prisoner release point.
The early release of more prisoners also remains on the table. Ms Constance said: ‘It is not my intention to ask Parliament to authorise the use of emergency early release again at this stage.
‘However, I am aware that if it is necessary and there is no alternative, it may be needed.
‘We will therefore begin contingency planning on this option – working with key delivery partners, including victim support organisations, learning from the emergency early release during the summer and to make sure that plans are robust, with a clear focus on public protection.’
She also suggested that prison should only be used for ‘those who pose the greatest risk to the public’.
Lord Advocate Dorothy Bain, the head of Scotland’s prosecution service, also announced new temporary measures to extend the use of bail after she said she had been asked to assess what steps could be taken to alleviate pressure on prisons.
In a statement to MSPs, she said: ‘When the issue of bail is first considered, prosecutors will highlight cases where they consider that the options of electronic monitoring or other means of monitoring special conditions of bail may manage the risk to public safety and prevent reoffending.
‘Where individuals who do not represent a risk to members of the public or to specific individuals, my instruction to prosecutors is that bail should not normally be opposed.’
She stressed the existing approach to bail will not change for those facing allegations of domestic abuse or sexual offences.
She added: ‘As Lord Advocate my duty is to uphold the rule of law and to see that those who commit crimes are held accountable.
‘No one is more determined than I am to see that people who need to be in prison are kept there.
‘However, I recognise that prisons are full beyond their capacity will not deliver justice or public safety.
‘The steps I have set out today, taken independently and in the public interest, will continue to serve to keep people safe.’
Ministers also yesterday announced plans for regulations to allow GPS technology for those released on home detention curfews.
Scottish Labour community safety spokesman Katy Clark said: ‘This crisis is the result of 17 years of SNP incompetence and mismanagement.
‘Year after year the SNP has failed to build or modernise prisons or deal with the courts backlog, leaving our crumbling prison estate bursting at the seams.
‘In its last round of prisoner releases, victims of crime were treated as an afterthought – that cannot be allowed to happen again.
‘Victims must not be forgotten and public safety must be protected if the SNP is to go ahead with these plans.’