Dozens of criminals freed early from Scottish prisons to tackle overcrowding returned to jail after 'reoffending'

Dozens of criminals who were freed early from Scottish prisons under an emergency release system have allegedly reoffended and been returned to jail, it has emerged.

A total of 477 inmates were let out early in Scotland in four tranches over the summer to tackle overcrowding, with 57 returning to prison up to 18 September after reportedly committing further crimes.

The recorded index offence groupings for which people returned to custody included:

• Non-sexual crimes of violence: 20
• Crimes of dishonesty: 17
• Damage and reckless behaviour: Less than five
• Crimes against society: Eight
• Antisocial offences: Eight
• Miscellaneous offences: Less than five
• Other - not classified: Less than five

The tally of 57 people includes inmates who have been charged and reconvicted, others who are being held for alleged offences, and those who have already been released from custody after being remanded for an alleged offence.

The Scottish Prison Service (SPS) said those who returned to custody remained in the community for between two and 61 days, with an average time in the community of 22 days.

A SPS spokesperson said: "We have been open and transparent throughout, publishing the number of individuals released at each stage, followed by a series of breakdowns.

"The latest publication on returns to custody continues this approach."

Only inmates serving short sentences of under four years who had 180 days or less left to serve were considered for release.

Prisoners serving life sentences, or those currently behind bars for sexual, domestic abuse or terror-based offences, were automatically excluded from the scheme.

Prison governors also had the power to veto the release of any inmate they deemed an "immediate risk" to a specific individual or group.

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The decision was made amid a spike in prison population numbers, which Justice Secretary Angela Constance said was putting the estate at "critical risk".

Last month, First Minister John Swinney said the early release of prisoners had "not solved the situation" in regards to overcrowding.

Speaking before the Holyrood Conveners Group at the Scottish parliament, he said: "We still face a serious situation and I fully expect the justice secretary to have to come back to parliament to brief parliament about the current situation."

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A separate report published by the Scottish government puts the projected prison population at between 7,750 and 9,250 at the beginning of next year.

Prisons have been struggling under the weight of high populations in recent years, with 8,274 people in custody as of September 27.

The Scottish government said: "Whilst no level of reoffending is acceptable and we do not want any more victims of crime, the return to custody rate for those released under the scheme was substantially lower than the average reconviction rate of those serving four years or less."

Speaking to Sky News in June, Victim Support Scotland warned the system would lead to reoffending.

Kate Wallace, the charity's chief executive, said: "The last time this happened, over 40% had reoffended within six months. That created more victims, and we are fully expecting that to be the case again."

In response to the data, new Scottish Tory leader Russell Findlay said: "This mass reoffending comes after it emerged that the vast majority of victims were not even told about early release and represents yet another example of SNP soft-touch justice.

"Worryingly, the SNP government's botched prison-building programme, coupled with the projected rise in the prison population, means we're likely to see even more offenders freed early by ministers."

The SPS said while the emergency early release (EER) programme "provided much needed respite" to its establishments, staff, and those in its care, it is only considered a "temporary measure".

The SPS added: "In recent months, our population has risen sharply once more, and remains extremely complex.

"This continues to have a significant impact on our staff and the time available to them to do the important work in supporting people, building relationships, turning lives around, reducing the risk of reoffending, and creating a safer Scotland for all."

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