Why the issue of early prisoner release is playing out differently in Scotland

Early prisoner release has become a contentious issue in England, but Scotland has largely avoided the controversy. The Scottish government is looking for a solution to the country's soaring prison population. However, there hasn't been a high-profile case in Scotland that has sparked public outrage.

The SNP administration is proposing to bring forward the automatic release point for hundreds of offenders convicted of serious crimes like rape and culpable homicide. Even with this implementation, Scottish criminals will still serve longer sentences on average compared to those in England and Wales. England's prison sentences for serious crimes are often longer than those in Scotland.

Since 2024, tens of thousands of inmates have been released early in England to make more room in prisons. As of the start of the following month, the new Sentencing Act will allow some prisoners to be released after serving a third of their sentence, instead of the previous two-thirds. Prime Minister Burnham has excluded rape and child sex offences from the scheme to avoid backlash.

In response to the PC Andrew Harper case, Scotland's government is also considering bringing forward the automatic release point for long-term prisoners - those serving four years or more. This would extend to all serious crimes, including unlawful killing, rape, child abuse, drug trafficking, and attempted murder. If approved, over 630 prisoners would be released immediately.

Scotland's long-term prisoners become eligible for parole halfway through their sentence. If they don't get parole, they are automatically released when they have six months left. The Scottish government wants to change the automatic release point to two-thirds of the sentence. More than 270 prisoners are currently being held under an Order for Lifelong Restriction (OLR), which is similar to IPP sentences in England and Wales.