Prisoners to be released earlier in bid to end jail overcrowding

Hundreds of prisoners are expected to be released early under proposals to ease overcrowding in Scotland's jails.

Justice Secretary Angela Constance said the move would help lower Scotland's prison population, which hit a record high last year.

The SNP minister proposed that the automatic release point for certain short-term prisoners be cut to 30% of their sentence, down from 40%.

Opposition MSPs accused her government of mismanaging the justice system.

The proposed changes would impact inmates sentenced to less than four years in prison, and would not apply to those convicted of domestic abuse and/or sexual offences.

Scotland - which along with other parts of Britain has one of the highest incarceration rates in Europe - has announced several emergency measures in recent years in a bid to cut its prison population.

However, Constance told MSPs that the figure remained "stubbornly high" at 8,301 - down from a peak of 8,430 in October - with figures expected to rise.

Just last year, the government changed the law to cut the point of release for all eligible short-term prisoners from 50% to 40% of their sentence.

A separate programme of emergency early release resulted in more than 400 prisoners being freed in recent months.

Constance said that despite those efforts, the increased use of alternatives to prison and increases to prison capacity, eight jails were at "red risk status", with 15 close to or over capacity.

The minister said protecting victims and maintaining public safety were priorities for the government.

She told MSPs she had not made the decision "lightly".

"It remains crucial that those who pose the greatest risk of harm to the public are housed in prisons," Constance said.

"However, it is also the case that there are too many people in our prisons and like the rest of the UK we remain an outlier amongst western nations in this regard."

MSPs were told that the government would launch a short consultation on the proposals before laying secondary legislation at Holyrood next week. The plan will need to be passed by parliament to take effect.

Scottish Conservative justice spokesman Liam Kerr noted that criminals receive sentences of up to four years for serious assaults, drug offences and possession of weapons.

He told MSPs: "The government's knee-jerk, un-evidenced panicked schemes have failed."

Scottish Labour leader Anas Sarwar said: "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."

A Scottish Prison Service spokesperson said it had been managing an "extremely high and complex population" for more than two years.

It said this put significant pressure on staff and efforts to reduce the risk of reoffending.

They added: "We therefore welcome the Scottish government's proposals and, if approved, will work with partners to deliver this in a way which prioritises the safety and wellbeing of those in our care, victims, and the communities we serve."

Here's an example of how the new rule would work, if it's backed by MSPs.

Today, in a court in Angela Constance's constituency of Livingston, a bogus builder was jailed after a sheriff said he had left "a trail of mistrust and misery" in his wake.

Gordon Marshall's victims lost £31,465 and said his crimes had had a "devastating impact".

The judge jailed him for 69 weeks.

Under automatic release at 30% of his sentence, he would be out after less than 21.

With an election looming, the Scottish government will be all too aware that it's handed its opponents a stick to beat it with.

Angela Constance clearly believes this change is unavoidable if a sustained reduction in the prison population is to be achieved.

An independent sentencing and penal policy commission has been given the unenviable task of coming up with long-term solutions and will publish its suggestions soon.