Scotland Approves Early Release for 1,000 Prisoners Amid Crisis

The Scottish government has approved a new plan to release an additional 1,000 prisoners early as part of ongoing measures to address the escalating crisis in the nation’s prisons. On Wednesday, the Criminal Justice Committee backed the Early Release of Prisoners (Scotland) Regulations 2025, marking the third such scheme in recent years. This draft will require further approval from the full Holyrood chamber before implementation.

Justice Secretary Angela Constance emphasized the urgency of the situation, stating that the rising prison population and its complexities are straining resources. “The continued rise in the prison population and its complexity is putting significant pressure on our prisons,” Constance told the committee. She highlighted that the current circumstances hinder the Scottish Prison Service’s ability to manage facilities effectively and safely, particularly for those inmates who pose the highest risk to society.

Under the proposed regulations, inmates sentenced to less than four years and due for release within 180 days of specific dates between November 2025 and April 2026 will be eligible for early release. The release process will occur over a six-month period, though certain categories of prisoners will be excluded, including those serving life sentences and individuals convicted of domestic abuse or subject to sexual offender notification requirements.

Constance further elaborated that the legal criteria for emergency release have been met, stating, “It is necessary and proportionate to ensure the prison service can maintain security and good order of prisons and the health, safety, and welfare of prisoners and prison staff.” She acknowledged the gravity of the situation, declaring, “It’s an emergency because of the risk to health, wellbeing, and safety of both staff and prisoners. Doing nothing is not an option.”

Despite the apparent necessity of the measures, some members of the committee voiced strong objections. Liam Kerr, the Scottish Conservative justice spokesman, criticized the proposal as a “knee-jerk response,” arguing that it fails to address underlying issues. Kerr referenced concerns raised by Victim Support Scotland, stating, “This is no solution, and we will be in this situation next April, following a further 1,000 prisoners having been released.”

Similarly, Pauline McNeill, the Scottish Labour justice spokeswoman, expressed her reservations about the implications of the plan. “There are consequences; it isn’t a straightforward issue,” she said. “We want to release the pressure in our prisons, but if we do so this is the third time we’ve been here. My main concern is that I just do not want to endorse an approach of managing prisoners in this way.”

Prison staff are also feeling the strain of the current environment. Phil Fairlie, assistant general secretary of the Scottish Prison Officers Association, indicated that while jails are not “out of control,” maintaining order has become increasingly challenging. Although he welcomed the prospect of temporary relief from early releases, he cautioned that without broader reforms, the relief would be short-lived. “We do start to see those numbers creeping back up again,” Fairlie noted.

In a broader context, First Minister John Swinney addressed the persistent issues within the prison system at a conference on Wednesday. He remarked, “We’re still imprisoning large numbers of people for relatively short periods of time. We are also placing on remand larger numbers of people.” Swinney pointed out that the increase in longer sentences for serious crimes has resulted in a higher proportion of long-term inmates, which complicates the management of the prison population.

As Scotland navigates this complex landscape, the proposed early release scheme reflects a desperate attempt to alleviate pressure on an overwhelmed system, yet raises significant questions about the long-term viability of such measures. The ongoing discussions underscore the need for comprehensive reform within the justice system to address both immediate and future challenges effectively.