SNP policy of setting prisoners free early is about to get even more scandalous

It is the Scottish Government's job to ensure there are enough cells for the number of people jailed by the country's courts (Picture: Jeff J Mitchell)placeholder image
It is the Scottish Government's job to ensure there are enough cells for the number of people jailed by the country's courts (Picture: Jeff J Mitchell) | Getty Images

The Scottish Government is turning the criminal justice system into a running joke

Scotland sends more convicted criminals to prison per head of population than most other countries in Western Europe. According to many commentators, including some in law enforcement, we are locking up too many people.

However, such arguments, with which we have some sympathy, provide no excuse whatsoever for the SNP policy of releasing inmates early. That this is necessary to ease overcrowding in our jails, which causes serious problems not just for prisoners but for prison officers, is not in dispute.

The point is that, as the government of this country which sets most of its laws, ministers have a responsibility to ensure there is sufficient prison capacity to accommodate people jailed by the courts under those laws. The scandalous failure to do so means people are not receiving the appropriate punishment for their crime and the rule of law is being brought into disrepute.

Pitiful sentences

So the news that the Scottish Government is proposing to release even more convicts is deeply worrying. Under previous early-release schemes, those serving sentences for domestic abuse or sexual offences were not eligible, but this restriction is not included in the new proposals, with people guilty of violent and sexual crimes able to be released after just two-thirds of their sentence.

The definition of ‘short-term’ prisoners – currently freed after a pitiful 30 per cent of their sentence – is also set to be expanded. It currently applies to those serving sentences of up to four years, but this would be raised to five years.

Furthermore, the ‘presumption’ against prison sentences of 12 months or less – often ignored by judges due to the lack of other sentencing options – is proposed to be changed to sentences of up to 24 months. This policy makes a mockery of early release, given someone sentenced to 25 months could actually only serve seven-and-half. Why isn’t that a pointlessly short sentence?

Commenting on the plans, Debbie Adams, of Victim Support Scotland, noted that “serious crimes are on the rise”. No wonder. Prison may not always ‘work’, but the social consequences of turning the criminal justice system into a running joke are likely to be profound.

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