'Grave concerns over Scotland's early prisoner release'

The intervention comes as MSPs debated a third wave of early prisoner releases.

The emergency procedures set out in the Prisoners (Early Release) (Scotland) Bill will see people serving less than four years being released after serving 40% of their sentence, rather than the current 50%.

Lowering the minimum sentence in this way could see between 260 and 390 inmates eligible for immediate release in February 2025.

Justice Secretary Angela Constance said the measures would help with severe and ongoing prison overcrowding.

Scotland's prison population was 8,253 at the beginning of November, but ministers have warned it significantly exceeds the target operating capacity of 8,007.

But Mr Hay said the move will not only put the public at risk but also adds more strain to an under pressure police force.

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"We have grave concerns about the early release of prisoners back into Scotland's communities," he warned.

"The public are being put at risk. Every crime committed and every victim who suffered at the hands of those criminals represent an avoidable consequence of this misguided Scottish government policy.

"To release prisoners early, knowing further offending is likely to occur, piles pressure on a police service already stretched to breaking under unsustainable demand.

“The only comfort I can offer the public is that where police officers encounter released prisoners who remain involved in crime, we’ll do all we can to ensure they end up back in custody, where they belong.”

However, the Prison Officers' Association supported the legislation, adding it would be a "step in the right direction" to reducing prisoner numbers.

The legislation excludes those serving sentences for domestic abuse, sexual offences or anyone subjected to a non-harassment order. 

A previous early release scheme saw 477 inmates released in four tranches in June and July.

Figures showed that 65% of those released early had 90 days or less left to serve while 79% were serving two years or less.

But it was later revealed that 188 of those released in the summer were convicted of non-sexual crimes of violence - 39.4% of all those released early.

Meanwhile 53 releases were vetoed by prison governors because they were assessed to be an "immediate risk of harm".

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More than 50 people released as part of the emergency scheme returned to prison within weeks of their release, it was also revealed.

First Minister John Swinney later said he did not believe the initiative had solved the overcrowding in Scottish prisons, with new emergency measures later tabled.

But Jim Fairlie, assistant general secretary of the Prison Officers' Association (POA) backed the plans.

In a letter to MSPs, he said it was one of a "series of steps that will be required of the very concerning and real issue of prison overcrowding is to be tackled longer term".

He added: "Our members are tired, they are stressed, they are being assaulted in increasing numbers, they are having to intervene into prisoner assaults at an increasing level, while dealing with more and more issues of complex mental health deteriorations and self harm episodes amongst the prisoner groups, which in turn is having significant impacts on the mental health of our members too. 

“We are grateful that the extent of the problem appears to be getting recognised and that this step is one at least that has the ability to make a small, but very much needed and welcomed contribution to helping to ease the enormous strain, while the longer term more permanent solutions are sought.”

Speaking in Holyrood last week, Justice Secretary Angel Constance said: “The changes made in this Bill are absolutely critical to relieve pressure on the prison estate and address the current crisis.”

However, Scottish Tory justice spokesman Liam Kerr said: “The SNP’s reckless plan to release hundreds more prisoners is a weak surrender to criminals.

“They have railroaded this through Parliament without a moment’s thought for victims or public safety.

“Ministers have also turned a blind eye to the concerns raised by senior police officers, over how many prisoners released previously went onto quickly re-offend.

“This bill sums up how disconnected the SNP are from the public. The public want them to show some common sense and ensure prisoners serve their sentences in full.

“SNP ministers must accept that this is a crisis of their own making. Rather than regularly carrying out prisoner release schemes, they must look at alternatives to tackle overcrowding, including the deportation of foreign criminals taking up place in Scotland’s jails.”

In 2020, 348 prisoners were released under emergency legislation introduced to ease the spread of Covid-19 in jails.