Prison officials back emergency law allowing early release of hundreds of inmates

Emergency legislation to enable the early release of hundreds of prisoners from Scottish prisons is just one step that must be taken if the “real problem” of prison overcrowding is to be addressed in the long term, MSPs have been told.

The Prison Officers Association (POA) has said it supports the Scottish Government Bill, which will introduce the point at which offenders sentenced to shorter sentences will automatically become eligible for early release.

POA deputy general secretary Phil Fairlie said the Prisoners (Early Release) (Scotland) Bill was “a step in the right direction in helping to reduce prisoner numbers”.

But he added that this was only one of “a series of steps that will be necessary if the worrying and real problem of prison overcrowding is to be tackled in the long term.”

Mr Fairlie stressed that, alongside a review of sentencing policy in Scotland, there was a need for “a much wider and more fundamental debate in Scotland about what we want from our prisons”.

In his letter to MSPs he added: “But in the meantime our members are exhausted, stressed, increasingly assaulted, increasingly having to respond to prisoner assaults, dealing with more problems and more complex mental health breakdowns among groups of prisoners and There are cases of self-harm, and all of these have a significant impact on the mental health of our members.

Minister of Justice Angela Constance said the bill — Justice Secretary Angela Constance said the bill was “absolutely critical to relieve pressure on prison land” PA Media

“We are grateful that the scale of the problem appears to be being recognised, and that this step is one that is at least capable of making a small but much-needed and welcome contribution, helping to alleviate this enormous tension in the search for more permanent solutions in the future.”

His comments come as MSPs are expected to pass the legislation, which has been fast-tracked through Holyrood as ministers seek to reduce high prisoner numbers in Scotland’s prisons.

According to plans, between 260 and 390 prisoners will be released in three tranches over six weeks in early February.

The bill changes the automatic release point for sentences of four years or less from 50% to 40% of the sentence; however, those convicted of sexual or domestic violence will be excluded.

Last week, support from SNP and Green MSPs meant the bill passed its first stage; The final two stages of the legislative process will be completed on Tuesday, with Holyrood sitting late as a result.

However, Labour, the Conservative Party and the Liberal Democrats voted against the legislation.

It comes as the number of prisoners in Scotland rises again following the release of 477 offenders earlier this summer, as ministers impose emergency measures to tackle overcrowding.

Speaking at Holyrood last week, Justice Secretary Angel Constance said: “The amendments to this Bill are absolutely critical to relieve pressure on prison property and address the current crisis.”

But Scottish Liberal Democrat justice spokesman Liam McArthur described the measures in the bill as a “short-term solution”, arguing that the bill’s accelerated timetable could hinder parliamentary scrutiny.

Mr McArthur added that he had “serious concerns” about parts of the bill which he said “give Scottish ministers wide-ranging powers to release any prisoner at any time with limited parliamentary review”.

The Liberal Democrat added: “This is a step too far, carries significant risks and is not something the Scottish Liberal Democrats can support.”