S6W-27700

Asked by: Lennon, Monica (Scottish Labour - Central Scotland)

Question

To ask the Scottish Government whether it has assessed the number of prisoners that will be released early in (a) North Lanarkshire, (b) South Lanarkshire and (c) Falkirk, in light of the statement by the Cabinet Secretary for Justice and Home Affairs on 16 May 2024.

Answered by Constance, Angela - Cabinet Secretary for Justice and Home Affairs

I am interpreting your question as relating to the number of prisoners who may potentially be released early under emergency release powers.

Section 11 of the Bail and Release from Custody (Scotland) Act 2023 (which came into force on 26 May) provides Ministers with a power to release prisoners in emergency situations. I have now laid draft regulations for emergency release, setting out the eligibility criteria, for Parliament’s consideration and approval.

The number of prisoners that would be released in specific geographical areas would depend on a number of factors, including the composition of the prison population at the relevant time and the application of the Governor’s veto, for example.

Mentions:
1: None We tend to use electronic monitoring in bail situations. - Speech Link
2: None I spoke to the committee about that previously when we talked about bail and release. - Speech Link
3: None The Crown opposed bail and the sheriff remanded her. - Speech Link
4: None I have talked about halfway houses, bail hostels and supervised bail hostels and GPS monitoring, and - Speech Link
5: Dowey, Sharon (Con - South Scotland) We have, for example, a presumption against short sentences and a presumption for bail. - Speech Link

Mentions:
1: Constance, Angela (SNP - Almond Valley) regulations before Parliament last week to seek approval to use the emergency release power in the Bail - Speech Link

Report Jun. 04 2024

Found: Justice (Scotland) Act 2003 and 27B of the V ictims and Witnesses (Scotland) Act 2014, as inserted by the Bail

S6W-27598

Asked by: Greene, Jamie (Scottish Conservative and Unionist Party - West Scotland)

Question

To ask the Scottish Government what its response is to comments by the chief executive of the Scottish Prison Service to the Public Audit Committee that the entire prison estate may shortly reach maximum capacity and present significant risk of potential disorder.

Answered by Constance, Angela - Cabinet Secretary for Justice and Home Affairs

In my statement to Parliament on 16 May, I set out that there is now a critical risk to the continued safe and effective operation of the prison estate, and that urgent action is needed.

If the legal test for use of emergency release is satisfied when section 11 of the Bail and Release from Custody (Scotland) Act 2023 comes into force on 26 May, then I intend to bring forward a proposal for Parliament’s consideration for the emergency release of prisoners.

This is not a decision I have taken lightly. But we must ensure the safety and wellbeing of Scottish Prison Service staff and those people in their care, and that our prisons continue to function effectively to accommodate those who pose the greatest risk of harm.

Members will have the opportunity to scrutinise and debate the approach and, in this instance, we will not release a single prisoner without Parliament’s consent.

I also intend to carry out a short consultative exercise over the summer, and to return after recess with a proposal for a Bill for Parliament’s consideration to change how long-term prisoners are released and managed.

Finally, I intend to bring forward secondary legislation to amend the eligibility criteria for use of Home Detention Curfew (HDC), increasing the period of time individuals can spend on release under licence conditions. These regulations will be subject to scrutiny under the affirmative procedure.

Report May. 29 2024

Found: Committee on 28 May 2024, 39th Report, 2024 (Session 6) 2No points raised Criminal Justice Committee Bail

Correspondence May. 29 2024

Found: bring forward regulations to use the emergency release power provided for under section 11 of the Bail