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07 Sept 2025

More than 50 prisoners freed under early release scheme back behind bars

More than 50 prisoners freed under early release scheme back behind bars

More than 50 people returned to prison after being part of an early release scheme, new figures show as a report claims the number of those in custody could be above 9,000 within months.

A Scottish Prison Service (SPS) report shows 57 of the 477 people released in the summer as part of the Government-backed early release scheme have returned to prison.

The figure includes those charged and re-convicted of a crime, remanded and awaiting trial, and those who have been released from remand after being charged.

Most were returned to custody for non-sexual crimes of violence, accounting for 20 cases, while 17 returned for crimes of dishonesty, and eight for both crimes against society and anti-social offences.

Other offences – including damage and reckless behaviour – also resulted in returns to custody, the report shows, but the specifics were not released due to low numbers.

A spokeswoman for the Scottish Government said the re-offending rate of those released early was lower than others sentenced to four years or less.

“Whilst no level of re-offending is acceptable and we do not want any more victims of crime, the return to custody rate for those released under the scheme was substantially lower than the average re-conviction rate of those serving four years or less,” she said.

“The early release scheme for some short-term prisoners was necessary so prisons could continue to function safely and effectively following a sharp and unexpected rise in the prison population.

“Public safety was paramount, with only those serving less than four years considered, with the majority eligible for release having 90 days or less left to serve.

“There were specific safeguards built into the process, including exclusions for those serving domestic abuse and sexual offences, and a governor power of veto for those prisoners deemed an immediate risk to a specific individual or group.”

A spokesman for the SPS said: “Working with the Scottish Government, and our partners, we delivered an emergency early release (EER) programme, which prioritised the safety and wellbeing of those in our care, victims, and the communities we serve.

“We have been open and transparent throughout, publishing the number of individuals released at each stage, followed by a series of breakdowns. The latest publication on returns to custody continues this approach.

“While EER provided much-needed respite to our establishments, staff, and those in our care, it was always recognised that this was a temporary measure.

“In recent months, our population has risen sharply once more, and remains extremely complex.

“This continues to have a significant impact on our staff and the time available to them to do the important work in supporting people, building relationships, turning lives around, reducing the risk of re-offending, and creating a safer Scotland for all.”

Scottish Conservative leader Russell Findlay said his party had previously “warned” the Government the early release programme would “result in more crime on Scotland’s streets”.

He added: “Despite knowing this to be inevitable, ministers still decided to recklessly open the prison gates.

“This mass re-offending comes after it emerged that the vast majority of victims were not even told about early release and represents yet another example of SNP soft-touch justice.

“Worryingly, the SNP Government’s botched prison-building programme, coupled with the projected rise in the prison population, means we’re likely to see even more offenders freed early by ministers.”

A separate report published by the Scottish Government puts the projected prison population at between 7,750 and 9,250 at the beginning of next year, with it being “likely” there will be an increase in numbers between August of this year and January.

Prisons have been struggling under the weight of high populations in recent years, with 8,274 people in custody as of September 27.

The report claims there is “uncertainty” in the projection due to variability in court capacity and the release of sentenced prisoners, among other issues.

On the projection, a Scottish Government spokesman said: “These latest prison projections point to a range of possible scenarios, and we know there is a likelihood that the population will increase.

“This reinforces the need for urgent action to tackle the prison population.

“It is vital that we ensure we have safe prisons that can focus on rehabilitation and reintegration, having too many people in prison limits this work.

“Whilst we will always need prison, the evidence shows that community sentencing is more effective in combating re-offending than prison.

“Similar challenges are being faced in prisons across the UK and all governments are needing to take action.”

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