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09 Dec 2025

Early release of prisoners ‘cold comfort’ to victims of crime, says Constance

Early release of prisoners ‘cold comfort’ to victims of crime, says Constance

The early release of prisoners in Scotland will be “cold comfort” to victims of crime, the Justice Secretary has said.

Angela Constance said up to 84 criminals will be released early on Tuesday December 9 in the latest tranche as the Government attempts to crack down on the ballooning prison population.

The minister said only those nearing the end of their sentence will be set free, and the scheme will not include those convicted of domestic abuse or sex crimes.

Prison governors will also have a veto on those who are released early.

Up to 990 prisoners could be released over the next five months after the prison population hit a record high of 8,441 in November. More than 400 people have already been released early under the scheme.

It comes amid a report into remand in Scotland, which Ms Constance said accounted for a quarter of all prisoners and a third of female prisoners.

Appearing on the BBC’s Radio Scotland Breakfast programme, the Justice Secretary said the Government was focused on “longer term solutions” to the high prison population but said the early release scheme was needed to tackle overcrowding now.

“This isn’t a decision that I took lightly,” she said, “I can assure you of that but there is a legal requirement for our prisons to be safe for staff and prisoners.

“I appreciate that for victims this will be cold comfort that… the people who have been released are people who will be due for release in the near future.

“So, the only people that are being released earlier are people who would be returning in the not too distant future.

“The last time that we did early release, the majority of prisoners were serving less than two years or sentenced to less than two years, and they were originally due to return to their community within three months of their actual release.”

Ms Constance blamed “a number of factors outwith the control of the Government” that have delayed the building of new prisons, including the Covid pandemic, inflation and supply issues.

She added that capacity in Scotland’s prisons has increased by about 400 in the last year but warned “you can’t build your way out of this”.

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