In response to the Covid-19 crisis, ministers announced that 4,000 offenders in England and Wales could be “temporarily released”.  The trend of the early release of prisoners has now spread to Scotland.

Many voices have called for an early prisoner release programme in light of the pandemic. Former Justice Secretary Kenny MacAskill was among these calls. He explains, “The state, having taken away their freedom, has a duty of care towards them… There are some too dangerous to let out and others where the sentence is too long but there are many who aren’t and are nearing the end of their sentence or even on remand awaiting trial.”

The Early Release of Scottish Prisoners

Now, Regulations to allow the early release of a limited number of short-term prisoners nearing the end of their time in custody, have been introduced. Those sentenced to 18 months or less, and who on 4 May have 90 days or less left to serve in custody are not eligible.  Detailed restrictions will be in place to exclude certain groups of prisoners, based on their previous offending.

Prison governors can take further steps to prepare for the release of appropriate individuals over the next 28 days. A maximum of 450 prisoners will be released.

Justice Secretary Humza Yousaf : “By releasing a number of short-term prisoners over a few weeks, and at most 90 days, ahead of their due release date, we will ensure there is capacity to safely manage the still large number of people in custody across the prison estate.

“Public protection is paramount and there will be a ‘triple lock’ set of restrictions.  Firstly, our emergency legislation already passed by Parliament automatically excludes those in prison for the most serious crimes, including sexual or terrorism offences.  Secondly, the subsequent regulations now exclude anyone who is serving a prison sentence for a COVID-19 related offence, or is currently or has recently been imprisoned for domestic abuse.  And thirdly, each prison governor will have a veto over the release of any otherwise eligible prisoner if they have a concern for the safety of an identified individual in the community.”

HOW WE CAN HELP

These are truly unprecedented times and we are keeping on top of the developing legal implications of coronavirus.   If you have a pending case, or need clarification, or to appeal your sentence, contact us for criminal law advice and representation. If you require any advice or assistance, please do not hesitate to get in touch with us on 01389 756785 or by email at info@jpsolicitors.com