SNP ministers have been criticsed after publishing radical plans to reduce the number of people in prisons with a shift of remand being reserved for those who pose a safety risk.
Under the proposed legislation, a new power would be put in place to allow certain groups of prisoners to be released on masse in a security or health emergency.
The Scottish Government’s Bail and Release from Custody (Scotland) Bill will place an emphasis on remand being reserved for those who pose a risk to public safety, or those who wilfully fail to turn up for their trials - impacting the delivery of justice for victims.
But the Conservatives have labelled the plans "complete madness" and claimed the legislation "risks endangering public safety".
The Bill also aims to give a greater focus to the rehabilitation and reintegration of people leaving prison, with more support to help them resettle into communities.
Proposals include ending release on a Friday or the day before a public holiday so people are better able to access support.
The plans also feature a new test courts will need to apply when deciding whether to refuse bail and to remand accused persons in custody.
The Bill will also enable the provision of information about prisoner release to victims’ organisations to inform the support they provide and will explicitly recognise complainer safety as a specific factor in how the court makes decisions on bail.
SNP Justice Secretary Keith Brown said: “We know that short-term imprisonment in particular disrupts families and communities, adversely affecting health, employment opportunities and housing – the very things that we know prevent reoffending.
“This Bill recognises prison will always be necessary for the most serious cases, but we need to look again at how custody is used.
"The Bill sets out proposals which will refocus the use of remand and support the rehabilitation and reintegration of people leaving custody, for example through improved release planning and support."
He added: "This is an important step in the Scottish Government’s commitment to transforming the justice sector and a commitment to refocus how imprisonment is used.
"We know our approach is working, reconviction rates and recorded crime are at historically low levels."
Scottish Conservative shadow justice secretary, Jamie Greene, said: “This reckless bill is designed to empty Scotland’s prisons at a time when violent and serious crime is rising.
"It risks endangering public safety and frankly is an insult to victims of crime.
“As well as giving SNP ministers sweeping powers to release prisoners early without parliamentary scrutiny, a blanket move to increase the number given bail is complete madness."
He added: “In the past three years more than 30,000 crimes were committed by offenders on bail. That’s one in eight of all crimes – including 29 murders or homicides.
“Thankfully the SNP have responded to pressure from the Scottish Conservatives, judges and the wider public and ditched their crazy proposal to reduce the point of automatic early release of prisoners from the halfway point of their sentence to just a third.
“Many respondents in the Bill’s consultation wanted to see automatic early release ended altogether – as we do. Nicola Sturgeon once vowed to do this too, but clearly has no intention of doing so now.
“This Bill is further proof of the SNP’s soft-touch approach to justice at a time when they should be getting tougher due to rising violent crime levels.
“Once again we see legislation which seems to serve the needs of offenders and ministers rather than victims."
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