Scores of inmates freed early from Scottish prisons back in jail in matter of weeks

A total of 57 inmates who left jail under the emergency release scheme were back in prison within a matter of weeks, with some returned to custody after just two days, the figures from the Scottish Prison Service (SPS) show. On average, prisoners subjected to early release who went on to return to custody spent just 22 days in the community. Some 12 individuals had been released for 10 days or less before going back to prison.

Amid growing concerns about overcrowding across Scotland’s prison estate, a total of 477 individuals were released early across four tranches between 26 June and 25 July, but the newly published data shows that 12 per cent of those prisoners ended up back in custody.

The total includes those inmates who have been charged and reconvicted, others who are being held for alleged offences, and others who have already been released from custody after being remanded for an alleged offence.

Out of those individuals convicted or suspected of committing new offences after their early release, 20 (35.1 per cent) were for non-sexual crimes of violence, with 17 (29.8 per cent) for crimes of dishonesty. A further eight were returned to custody for antisocial offences, while eight were categorised as “crimes against society.” Other offences, including damage and reckless behaviour, also resulted in returns to custody, but the specifics were not released due to low numbers.

In June, Victim Support Scotland’s chief executive, Kate Wallace, expressed “deep concern” about the emergency early release initiative, pointing out that a similar scheme during the Covid-19 pandemic resulted in a 40 per cent reoffending rate within the first six months, as well as a spate of drug deaths.

Only inmates serving short sentences of under four years who had 180 days or less left to serve were considered for release, with prisoners serving life sentences, or those currently behind bars for sexual, domestic abuse or terror-based offences, were automatically excluded from the scheme.

However, last month, First Minister John Swinney said that the early release initiative had “not solved the situation” of overcrowding in prisons. He told the Holyrood Conveners Group that overcrowding was a “very, very serious situation,” and that his administration was looking at ways to deal with it.

The most recent SPS data shows that as of 27 September, Scotland’s prison population stood at 8,274, marking the tenth consecutive week that the number had increased. On 28 June, soon after MSPs approved the emergency early release of those on short-term sentences, the population was 8,140. Year on year, the prison population has also increased sharply; on 29 September last year, it stood at 7,938.

A separate report published by the Scottish Government on Wednesday suggested the projected prison population could increase to as much as 9,250 by January 2025, with it being “likely” there will be an increase in numbers between August of this year and January.

The report claims there is “uncertainty” in the projection due to variability in court capacity and the release of sentenced prisoners, among other issues.

Scottish Conservative leader Russell Findlay said: “We warned that the SNP’s decision to set free hundreds of prisoners before they’d done their time would result in more crime on Scotland’s streets - and that’s exactly what has happened. Despite knowing this to be inevitable, ministers still decided to recklessly open the prison gates.

“This mass reoffending comes after it emerged that the vast majority of victims were not even told about early release and represents yet another example of SNP soft-touch justice.

“Worryingly, the SNP Government’s botched prison-building programme, coupled with the projected rise in the prison population, means we’re likely to see even more offenders freed early by ministers.”

A SPS spokesman said: “Working with the Scottish Government, and our partners, we delivered an emergency early release (EER) programme, which prioritised the safety and wellbeing of those in our care, victims, and the communities we serve.

“We have been open and transparent throughout, publishing the number of individuals released at each stage, followed by a series of breakdowns. The latest publication on returns to custody continues this approach.

“While EER provided much-needed respite to our establishments, staff, and those in our care, it was always recognised that this was a temporary measure. In recent months, our population has risen sharply once more, and remains extremely complex.

“This continues to have a significant impact on our staff and the time available to them to do the important work in supporting people, building relationships, turning lives around, reducing the risk of re-offending, and creating a safer Scotland for all.”

The Scottish Government said the early release scheme had been “necessary” in order to deal with a steep rise in the prison population across the country.

A spokeswoman said: “Whilst no level of reoffending is acceptable and we do not want any more victims of crime, the return to custody rate for those released under the scheme was substantially lower than the average reconviction rate of those serving four years or less.

“The early release scheme for some short-term prisoners was necessary so prisons could continue to function safely and effectively following a sharp and unexpected rise in the prison population.”

She added: “Public safety was paramount, with only those serving less than four years considered, with the majority eligible for release having 90 days or less left to serve.

“There were specific safeguards built into the process, including exclusions for those serving domestic abuse and sexual offences, and a governor power of veto for those prisoners deemed an immediate risk to a specific individual or group.”