Short-term prisoners considered for early release

Humza Yousaf

Regulations will be laid before Parliament so that release can start from 30 April. The scheme will be limited to those sentenced to 18 months or less and who, on 30 April, have 90 days or less left to serve.

The release of prisoners under the regulations will be subject to exclusions to ensure public protection, such as those who are imprisoned for life or with convictions for sexual offences, domestic abuse or terrorism offences.

It is estimated that around 300 to 450 prisoners who fall within this category will be considered for early release. Other administrations in the UK and internationally have taken the decision to release prisoners in the context of the current COVID-19 outbreak, including France and the Republic of Ireland.

Justice Secretary Humza Yousaf said: “In this exceptional public health emergency, we are taking focused action to protect public safety as well as prisoners, prison staff and the NHS staff and others that work in our prisons.

“Using these emergency release powers, combined with increasing those on HDC (electronic monitoring) will substantially increase the availability of single-cell accommodation across the prison estate, which in turn will help SPS contain the spread of Coronavirus in our prisons. In addition, the resulting reduction in the prison population will allow the prison service to ease restrictions put on prisoners during these challenging times.

“The Scottish Prison Service has had to make significant changes to how they operate already in just a few weeks, with family visits paused, restricted activities and additional time in cells for those in their care. We must help staff to manage prisons in a sustainable way over the weeks and months ahead. This latest step – based on the emergency powers passed by MSPs earlier this month – will give them greater capacity to help ensure a safe custodial environment.”

He added: “This is not a decision that I have taken lightly, and I want to assure the victims of crime that this does not diminish what they have suffered. In these exceptional circumstances, I must consider actions that best reduce the prospect of further harm both in prisons and the wider community of which they are part.”