Prisoners serving a sentence of less than five years could be released after serving 30% of their term under new Government plans.
Scotland’s prison estate has been struggling under the weight of overcrowding in recent years, with 8,459 people locked up, despite an operating capacity of 7,805 across the country’s jails.
Speaking in Holyrood on Thursday, Justice Secretary Neil Gray announced an eight-week consultation on further changes to the system in a bid to reduce the burden on the estate.
The consultation includes a number of proposals made by an independent commission, released earlier this year, including expanding the presumption against short sentences from 12 months to 24 months.
I believe that the proposals outlined today will help us strike the right balance between recognising the concerns of victims and survivors, and charting a clear course towards a sustainable prison population in the long term
Mr Gray also announced Government plans to increase the definition of “short-term sentences” to less than five years, instead of four.
Such a change would have the effect of allowing those serving a sentence of less than five years to be released after just 30% of their term.
The Government also proposed to release long-term prisoners on licence after serving two-thirds of their sentence, instead of the current date of six months before the planned end of incarceration, which Mr Gray described as a “more proportionate approach”.
“I recognise that these proposed changes are bold and hope this can contribute to thoughtful debate on the consequences of not addressing a rising prison population and also the outcomes of any sentence for a crime committed,” the Justice Secretary said.
“Justice to be served, and no further reoffending to happen.
“Therefore, change is needed and the consultation provides an opportunity to hear the views of victims, partners and the wider public on all of these measures.
“I can assure members that my officials and I will continue to work with victim support organisations throughout this process.
“I have already stated it is right to invest in the prison system, but in doing so we must recognise the purpose of prisons is not punishment alone.
“Prisons need to facilitate important rehabilitative work, contributing to the whole system commitment of reducing reoffending and protecting victims now, and in future.
“Every decision to expand the prison estate must be carefully assessed and supported by wider policy and practice changes that protect the public purse and preserve capital investment for other priorities, including on building schools and hospitals.
“I believe that the proposals outlined today will help us strike the right balance between recognising the concerns of victims and survivors, and charting a clear course towards a sustainable prison population in the long term.
“Taken together, they will ensure that prevention is at the heart of our justice system, with prisons housing those who pose the greatest risk to communities, rehabilitating them effectively to support successful reintegration into society, and, ultimately, reducing crime and protecting the public.
“Less crime, fewer victims – something we all wish to see.”
Two new prisons are currently under construction in Glasgow and the Highlands, but Mr Gray announced in his speech the latter would be delayed until next spring as a result of “construction issues”.
The Scottish Prison Service has been instructed to “exhaust all options” to maximise the capacity of the existing estate, including building temporary structures to house prisoners.
Scottish Conservative justice spokesman Stephen Kerr described the announcement as “the latest betrayal of crime victims”, adding: “Instead of tackling soaring court backlogs, reducing the remand population, and expanding prison capacity, SNP ministers have once again chosen the easy option – cutting the time offenders spend behind bars.
“This marks another significant weakening of Scotland’s sentencing system. Redefining a ‘short prison sentence’ from under four years to under five years will allow many offenders convicted of serious crimes to spend substantially less of their sentence in custody.
“Coupled with plans to allow more long-term prisoners to spend the final third of their sentence in the community, and extending the presumption against prison sentences to 24 months, these proposals send exactly the wrong message to victims and offenders alike.”