Scotland's Justice Secretary has defended a scheme which released hundreds of prisoners early - a week after First Minister John Swinney admitted it failed to tackle severe overcrowding.
Scotland's Justice Secretary has defended the emergency scheme which released almost 500 prisoners early - week after First Minister John Swinney admitted it failed to tackle severe overcrowding.
Angela Constance said the scheme, which saw 477 inmates released early over June and July, was "necessary" and had fulfilled its "intended" purpose.
The Herald revealed the anger of campaigners at the weekend after Mr Swinney admitted the scheme had "not solved" the issue of overcrowding.
Emergency legislation was passed in the Scottish Parliament in May which saw prisoners serving sentences of less than four years and who had less than 180 days left to serve eligible for early release.
However, it did not apply to people convicted to sexual or domestic abuse offences.
Official data showed that more than a third of those released were serving sentences for violent crimes, while Victim Support Scotland said just 2% of victims were informed of their perpetrators release.
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Ms Constance told MSPs on Tuesday that the emergency action enabled "prisons to continue functioning safely and effectively."
She added: "This was not a decision I took lightly but it provided some critical breathing space for the prison service."
The Justice Secretary referenced her remarks when pushing the emergency legislation through Parliament, where she stated the early release scheme was "not the solution to the prison population crisis" but it will provide the service with "time and capacity" in the short term.
"The early emergency release provision did what it was intended to do," she added.
However figures from the Scottish Prison Service showed the latest prison population was at 8,241 - higher than the 8,232 before the programme in June.
The First Minister last week told Holyrood's Conveners Group: "We still face a serious situation and I fully expect the Justice Secretary to have to come back to Parliament about the current situation.
"Because although the release of 477 prisoners during June and July as part of the early release scheme has helped, it has not solved the situation."
Katy Clark, who is community safety spokeswoman for Scottish Labour brought forward a topical question on the scheme.
She said just five victims had been notified of the release of their perpetrator through the Victim Notification Scheme and urged the Scottish Government to consider a move towards an opt out scheme.
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The Victim Notification Scheme came into force in 2004 but requires victims to opt in to receive information themselves or through a dedicated charity.
Kate Wallace, chief executive of Victim Support Scotland said victims were not "prioritised" and said the notification scheme must be "radically overhauled".
An independent review published in May 2023 recommended a number of reforms including an "automatic referral" to specialist teams who can contact victims and inform them of the scheme.
It did not recommend automatic enrolment for all victims, stating the system should be "flexible and responsible to changing needs and personal choice".
Scottish Tory justice spokesman Russell Findlay said: “We now know that the SNP’s promises to respect victims were utterly hollow with hundreds of victims being left in the dark.
“In May, the Cabinet Secretary also said she was considering bringing back automatic early release for long term prisoners. Victims deserve to know – is she going to do this?”
Ms Constance said “very full and rich responses” were received on a consultation into the proposals.
She added: “There is no monopoly here Mr Findlay on those of us who wish to put victims at the very heart and centre of our criminal justice system.”
On calls to reform the scheme, Ms Constance said: “I very much want to first and foremost improve the victim notification scheme and expand those who chose to be part of it.
“It is important that if we adhere to the principles of trauma informed practice that we do not provide victims with information that they do not seek.”
She added the independent review into the VNS scheme did not recommend an opt out scheme as opposed to an opt in
“But nonetheless, there are vital improvements that we can and will make to the victim notification scheme.”
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