Justice secretary calls for emergency prisoner release

Around 440 prisoners could be released early from Scottish prisons by the end of the year.

Justice secretary Angela Constance has asked parliament to pass emergency legislation that would see short-term prisoners - within 180 days of their release date - to be freed in tranches in November and December.

It is the third time early release has been used in this way in Scotland since last summer.

Constance said the move was necessary to prevent overcrowding after the prison population "surged" in the last three months.

In a statement to MSPs, the justice secretary said: "It is clear to me that we need to reduce the current pressure on our prisoners and the officers, staff and wider professional who play a vital role working in our prison service.

"Let me be clear, this is not an action I propose lightly. It is, however, necessary and I consider that the legal test has been met."

Angela Constance wants an "expedited" process to October p

If parliament approves the plans, the scheme would exclude those serving time for domestic abuse or sexual crimes.

Prison governors would also be granted a veto if they feel someone eligible for release poses an "immediate risk of harm".

Constance requested an "expedited" process due to October parliament recess, which would allow early releases to begin as soon as November.

This could see nearly 500 prisoners out before the end of the year, and a further 100 a month being freed early in the early part of 2026.

In a further announcement, the justice secretary is proposing to speed up the release of foreign nationals who are subject to deportation by the UK government.

'Total system chaos'

A similar early release scheme in 2024 saw the release of 477 short-term inmates who had served at least 50% of their sentence.

The prison population had been 8,232 before this initiative started in June last year. The number dropped before rising again to reach 8,247 in September 2024.

Scotland's prison population reached its highest ever level in 2012, when there were 8,420 people behind bars.

Constance said the Scottish prisoner population currently stands at 8363 and 10 jails have hit capacity.

She said there are 700 more long term prisoners than there were in 2020, which is enough to fill HMP Addiewell.

The Scottish Conservatives said that Constance had only mentioned tranches until the end of the year, but a letter to the justice committee indicated seven tranches would take place up to April next year.

Party justice spokesperson Liam Kerr MSP said: "This is an appalling example of the SNP's lack of transparency.

"The justice secretary has avoided revealing to Parliament the full extent of her latest plans to release dangerous criminals early."

Scottish Labour justice spokesperson Pauline McNeill MSP said: "This is total system chaos, with Scotland now on the cusp of having a record number of people in custody and prisons at critical levels of security concern."