Scottish Government
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Automatic early release law passed

Act will end automatic early release for certain long term prisoners.

A Bill to end automatic early release from prison for the most serious offenders has been passed by the Scottish Parliament.

Under the new laws, no long-term prisoner in Scotland will be eligible for automatic release after two thirds of their sentence and there will now be a mandatory period of supervision for the most serious of offenders.

The measures are designed to maintain public safety by ensuring long-term prisoners serve more of their sentences in custody while also allowing for the effective rehabilitation and reintegration of offenders coming out of custody into the community.

Alongside this, the Act will reduce reoffending by improving prisoner release arrangements by allowing release dates to be brought forward by one or two days if there is a need to ensure immediate access to support services in communities to help break the cycle of offending behaviour.

Justice Secretary Michael Matheson said yesterday:

“I am delighted that today Parliament has agreed the end of the entitlement to automatic early release for the most serious offenders, after it was introduced by then UK Government in 1993.

“Recorded crime is at its lowest level in 40 years, but public safety is still our key priority. We’re taking tough action to keep communities safe and reduce the likelihood of prisoners reoffending and this law is proof of our commitment.

“Throughout the progression of this Bill through the Scottish Parliament, we’ve listened to views expressed and, as such, we’ve not only increased the numbers of prisoners who are now no longer eligible for automatic early release but also ensured that the rehabilitation and reintegration of offenders is at the heart of the process.

“Scottish Prison Service has an excellent track record in working to ensure prisoners being released into the community are prepared over a considerable period of time. The interventions and prisoner programmes carried out inside prisons help prisoners change their behaviour and prepare for eventual release, and this work starts a long time before a prisoner may be released into the community.

“Today’s decision means that long-term prisoners who pose an unacceptable risk to public safety will now serve their entire sentence in custody, and is a huge step in the right direction to end the system we inherited.

“Prison will always be the right place for serious and dangerous offenders. With the passing of this Bill today, together with our announcement earlier this week in relation to lower level offenders, we are seeking to achieve a more balanced justice system in Scotland. One which ensures that our communities are protected from serious offenders whilst those offenders at the lower end of the scale serve out their sentences through effective community-based alternatives, with targeted support to help them overcome the underlying causes of their offending behaviour.”

Notes To Editors

Background

  • As part of a prisoner’s preparation for release, the Scottish Prison Service prepare acomprehensive Home Background Report which outlines the plan for supervising the offender on release.
  • Areas considered to ensure a smooth transition into the community are:
    • employability issues;
    • liberation;
    • benefits;
    • housing;
    • substance misuse;
    • education;
    • healthcare;
    • family relationships; and
    • victims

 

Channel website: http://www.gov.scot/

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