Prisoners to be released after serving just a third of their sentence under new SNP plans
The SNP’s justice secretary says recent early prisoner release programmes have not managed to tackle chronic overcrowding.
The SNP government is to release short-term prisoners after they have served less than a third of their sentence in a move branded “reckless” and “desperate” by opponents.
Justice Secretary Angela Constance said the release of short-term prisoners after serving 40 per cent of their sentence has not solved the issue of prison overcrowding.
Now, a short consultation on reducing this to just 30 per cent is to be launched, with Ms Constance expected to bring legislation to parliament next week to change the law.
The government says this will reduce the prison population by between 239 and 312.
Ms Constance said the new measures will not apply to those serving sentences of over four years or those jailed for domestic abuse or sexual offences - but the Scottish Conservatives have claimed it will cover those sentenced for drug offences, serious assault and possession of offensive weapons.
Liam Kerr MSP, the Scottish Conservatives’ justice spokesman, said Ms Constance’s statement was “an admission of abject failure”.
He said: “Reducing short-term sentences to just 30 per cent is a dangerous shortcut that effectively renders sentences meaningless.
“This reckless plan is the direct result of the SNP’s failure to build sufficient prison capacity and the failure of their emergency early-release programme to alleviate that pressure.
“That’s led to the public being failed and the prison doors being flung open again.
“It’s an insult to victims that prisoners convicted of serious assault, drug offences, and other serious crimes will be out after serving less than a third of their sentence.£
He added: “Prisoners should serve their sentences in full, staff deserve safe working conditions, and victims deserve justice.
“The SNP are putting criminals ahead of the law-abiding public, and Scotland deserves better.”
The latest move to tackle prison overcrowding in Scotland comes after 415 prisoners were released in four groups of emergency early releases.
There are a further three release dates planned until April which should result in a further 100-200 prisoners being freed.
The Scottish prison population reached a record high of 8,431 in November and, as of Tuesday, the prison population was sitting at 8,301 despite the early release scheme.
Ms Constance said: “I believe that additional changes to the automatic release point for certain short-term prisoners are now necessary to deliver a further, sustained reduction in the prison population.
“Following careful consideration of the options available to me, I would therefore like to notify the parliament of my intention to carry out a short consultation with relevant partners on this issue, with the aim of laying secondary legislation next week for parliament’s approval.”
She continued: "The consultation will seek views on changing the automatic release point for certain short-term prisoners, so that they serve 30 per cent of their sentence in custody, instead of 40 per cent.
“Unlike with emergency early release, this change would deliver a reduction that would be sustained over time.”
Ms Constance said the prison population “remains stubbornly high” and this will continue if action is not taken.
On Tuesday afternoon she said: “Today, the prison population is sitting at 8,301. As of 27 January, eight prisons are showing red risk status and 15 are being close to over their assessed capacity tolerance.”
Ms Constance said overcrowding was being exacerbated because there are now more convictions for serious and organised crime, and for both recent and historical sexual offences.
In 2023-24, 73% of short term sentences were for 12 months or less and a further 15% were 24 months or less.
Scottish Labour leader Anas Sarwar said the SNP had left Scotland’s justice system at “crisis point”.
“Prisons are dangerously overcrowded, hundreds of criminals have been set free early and now Angela Constance wants to cut sentences for more dangerous prisoners.
“Violent criminals and drug dealers are set to get an even easier deal under the SNP government’s soft touch justice system.
“SNP ministers are putting community safety at risk in a desperate bid to mask their own failures.
“Crime is rising, police officer numbers are falling and now prison sentences are being cut - this SNP government cannot be trusted on crime.”
Labour MSP Pauline McNeill pointed to the change of release date for short-term prisoners in 2024.
Since November 2024, the Scottish Government has taken various measures to reduce prison population including modifying the release point for short-term prisoners from 50 per cent to 40 per cent and implemented emergency early release measures.
Ms McNeill said: “The prison system has been in a permanent state of crisis for some time and is not rhetoric to say so. Every few months we come to the chamber to hear a statement about more offenders being let out early on one scheme or another.
“It was just over a year ago when the Parliament agreed to change the release date for short-term prisoners with 50 per cent to 40 per cent, and today we have been asked to move that further to 30 per cent with only a short time to consult on it.
“Where does this end for victims, who will be alarmed that some offenders will only now 30 per cent of their sentence?”
Capital funding of £458.5 million has been allocated to the Scottish Prison Service in 2026-27 to complete HMP Highland and progress HMP Glasgow.
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