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.

Most were returned to custody for non-sexual crimes of violenceMost were returned to custody for non-sexual crimes of violence (Image: PA)

“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.”

Russell FindlayRussell Findlay (Image: PA) 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.”


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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.”

Kate Wallace, Chief Executive of Victim Support Scotland, said: “We commend the Scottish Prison Service for its transparency about the impact of the Emergency Early Release Scheme. However, sadly our fears around the number of prisoners released and subsequently returned to custody have been realised. With 57 people being sent back to prison before their original release date, we fear that many more new victims have been created, with the worrying knowledge that most of those crimes are categorised as violent offences (35%). 

“Whilst the full extent of reoffending of early release prisoners is not yet known, these early figures are a cause for significant concern given that most of these prisoners have been living in the community for just a matter of weeks. 

“The majority (60%) of those re-entered prison within just 20 days of their emergency release, and this highlights the need to completely re-think emergency release proposals. It also emphasises the need for adequate preparation, rehabilitation, and availability of services on release.  

“With prison population figures only predicted to keep rising and Scottish Government ministers repeatedly saying these were only temporary measures, we would urge them to voice a swift response to what long-term measures are planned to counteract this. 

“Any future measures need to have victims at heart, including the long-awaited revamp of the failing Victim Notification Scheme – only 2% of victims were notified of their perpetrator’s early release. The cycle of early release and reoffending only creates more people impacted by crime, and places additional stress on the criminal justice system and support services in Scotland. We are calling for urgent measures by the Scottish Government to address this.”