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The Scottish Government is planning to end the automatic early release of prisoners who present the most serious potential risks to the public. It made the announcement when publishing details of its latest programme of legislation.
Currently, the automatic element of the system of early release operates in different ways depending on the length of fixed sentence imposed:
* Prisoners who receive a sentence of less than four years are called short-term prisoners and are released automatically and unconditionally at the half-way point of their sentence, with the Parole Board having no role in the process.
* Sex offenders who receive a sentence of between six months and four years are subject to the same automatic early release rules at the half-way point, but are released on licence and liable to recall to custody for the remainder of their sentence if they breach their licence conditions.
* Prisoners who receive a sentence of four years or more are called long-term prisoners. They are entitled to be considered by the Parole Board for release between the half-way point of their sentence and the two-thirds point of their sentence. If a long-term prisoner reaches the two-thirds point of their sentence and the Parole Board has not directed release by that point, they are released automatically. Long-term prisoners are always released on a licence.
It is the latter category which will be affected by the proposed reform.
The Government plans to make sure that dangerous offenders, such as violent offenders, sentenced to 10 years or more and sexual offenders sentenced to four years or more will no longer receive automatic early release at the two-thirds point of their sentence.
In future, these prisoners will continue to have their case considered for early release by the independent Parole Board past the two-thirds point of their sentence. However, if the Parole Board considers that a prisoner poses an unacceptable risk to public safety, the prisoner will remain in prison for their entire sentence.
Once approved by Parliament, the changes will affect prisoners who are sentenced after the legislation comes into force.
If you require specialist criminal defence advice on this or any other matter, give us a call on 01383 730466 (Dunfermline) or 01592 640680 (Kirkcaldy) or contact us online here.
