John Swinney told rapists and killers could walk free from Scottish jails under early release plans

Scottish Tory leader Russell Findlay sounded the alarm in Holyrood

John Swinney has been accused of “trashing judicial independence” over the early release of prisoners in Scotland.

Scottish Tory leader Russell Findlay raised concerns that rapists, child abusers, drug dealers and killers could walk free under new proposals.

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Ministers will confirm later today if long-term prisoners will be released after they've completed two-thirds of their sentence.

First Minister John SwinneyFirst Minister John Swinney
First Minister John Swinney | Jane Barlow/PA Wire

Around 500 inmates serving shorter sentences have already been freed over recent months in a bid to ease overcrowding.

Mr Swinney said jails “are absolutely bursting at the seams”, with 8,322 people currently behind bars - well over the target operating capacity of 8,007.

Raising the issue at First Minister’s Questions in Holyrood, Mr Findlay said the Scottish Government is to blame for the “catastrophic state” of prisons.

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He said: “Let’s take a look at the kind of criminals we could be talking about if a new form of SNP early release is announced today. Here’s some examples of recent sentences imposed by Scottish courts.

“Seven years for raping a 10-year-old girl. Nine years for stabbing a man to death. Five years for sexually abusing four young boys.

“All of these criminals and many, many others like them could be let out early. People in the real world can’t get their heads around criminals not serving sentences that they are given.”

Mr Swinney said ministers would take a “responsible approach” which takes into account the views and concerns of victims.

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He said: “Scotland imprisons more offenders per head of population than most other European countries. We invest heavily already as a government on alternatives to custody to make sure we have a sustainable prison estate.

“But what we have got to ensure today for the prison officers who are running our prisons and for our prisoners, to whom we have legal obligations as well, is that they are living in a safe and stable environment.”

He said similar action is being taken elsewhere in the UK to deal with overcrowding in prisons.

But Mr Findlay accused the First Minister of a “stunning lack of self-awareness”, adding: “John Swinney talks about respecting judicial independence, but by releasing 500 prisoners early, he trashed judicial independence.”

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The Tory leader added: “For far too long, the SNP’s justice system has sided with criminals and not victims.”

Mr Findlay said there was a “stunning lack of common sense” and people were left feeling “that this Parliament does not represent them”.

He asked: “Why has this government stacked the entire justice system against crime victims?”

Mr Swinney said this was “patently untrue”, adding: “Over the last decade, the average length of prison sentences has increased by 32 per cent. That statistic alone demonstrates that Russell Findlay is putting complete nonsense to me.”

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He said 98 per cent of all those convicted of rape and attempted rape received a custodial sentence between 2019 and 2022.

However, he said ministers had an obligation to “ensure that we run a stable and safe prison system” and “must act”.

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