Prisoner release regulations laid before Holyrood
Regulations to allow some short-term prisoners nearing the end of their sentences to be released early have been laid in the Scottish Parliament, to help tackle the coronavirus outbreak.
The scheme is limited to those sentenced to 18 months or less and who on 4 May have 90 days or less still to serve in custody. Certain groups of prisoners will be excluded from the process, based on their previous offending.
The move will help prison and healthcare staff safely manage those who remain in their care during the outbreak.
Up to 450 prisoners will be considered for early release. Reductions in Scotland’s relatively high prison population will increase the availability of single-cell occupancy, in turn helping to contain the virus.
As of 3 May, there were 37 people in custody across 11 sites isolated and being monitored for coronavirus.
The Coronavirus (Scotland) Act 2020 excludes from early release any prisoner convicted of sexual or terrorism offences, imprisoned for life, or subject to a post-release supervision order. The regulations now laid will exclude those prisoners serving or who have recently served a sentence for domestic abuse, those with non-harassment orders, or those convicted of certain COVID-19-related offences. In addition, the Act enables a prison governor to veto someone from the scheme where they consider that that individual would present an immediate risk of harm to a named individual.
The Scottish Prison Service (SPS) will be issuing detailed notifications to each local authority in Scotland regarding the individuals who will be considered for possible early release. The releases will be phased over 28 days, to help SPS and local authorities to plan the process, and provide necessary support to individuals on their release.
Justice Secretary Humza Yousaf commented: "By releasing a number of short-term prisoners a few weeks, and at most 90 days, ahead of their due release date, we will ensure there is capacity to safely manage the still large number of people in custody across the prison estate.
"Public protection is paramount and there will be a 'triple lock' set of restrictions. First, our emergency legislation already passed by Parliament automatically excludes those in prison for the most serious crimes, including sexual or terrorism offences. Secondly, the subsequent regulations now exclude anyone who is serving a prison sentence for a COVID-19 related offence, or is currently or has recently been imprisoned for domestic abuse. And thirdly, each prison governor will have a veto over the release of any otherwise eligible prisoner if they have a concern for the safety of an identified individual in the community."
He added: "Even with the protections I have outlined, this is not a decision I have taken lightly. I want to assure victims of crime that this does not in any way diminish their experience.
"I and my officials are engaging closely with victims' organisations to ensure we continue to meet their needs as best we can in these challenging times. We continue to invest in and support their work, as well as that of police as they too support victims of crime and keep communities safe. We are also extending the Victim Notification Scheme to ensure that victims who are registered with the scheme will be notified about the early release of a prisoner."