News

Our response to new prisoner release proposals

The Scottish Government has announced new proposals to change the way that prison sentences work.

The proposals follow a report by the Scottish Sentencing and Penal Commission, which recommends reducing the length of time that offenders spend in prison and looking at alternative ways for them serve the rest of their sentence. 

The Scottish Government also wants to change the definition of short-term prisoner from being an offender who has been sentenced to four years or less to being an offender who has been sentenced to five years or less. 

Under Scotland’s current early release scheme, short-term prisoners who have committed a non-sexual offence serve 30% of their sentence in custody and are usually released with no additional restrictions. 

Short-term prisoners who have committed a sexual or domestic abuse offence serve 50% of their sentence in custody and are subject to licence conditions (which can dictate things like where someone is allowed to travel or live) until their sentence end date. The new proposals would not change this. 

What do the proposals say about sexual offenders?

However, the new proposals would introduce early release for long-term prisoners. 

Under these new plans, offenders who have been sentenced to more than five years - known as long term prisoners - could be automatically released after serving 60% of their sentence in custody. 

This would include sexual offenders, with exceptions for offenders who are serving extended sentences or have further restrictions, such as a Lifelong Restriction Order, in place. 

The remainder of long-term prisoner’s sentence would be served in the community, where they would be placed under additional restrictions which could include a curfew or monitoring their location through a GPS tracker.

Sentencing guidelines currently recommend a minimum sentence of five years for a perpetrator who has been convicted of rape, so both of these proposed changes would affect people who have been convicted of sexual offences. 

Prisoners sentenced to more than four years in prison are eligible to be considered for parole 50% through their sentence.

Applying for parole is different from automatic early release because it does not guarantee that it will be granted. Being released on parole means being released from prison but with certain conditions which have to be followed.

Why is this happening?

The Scottish Sentencing and Penal Commission were tasked with exploring alternatives to prison sentences, particularly where alternatives such as rehabilitation are proven to reduce the risk of reoffending. 

Their report is not about sexual offending specifically - it is about how the justice system deals with all types of offences. For example, they also proposed getting rid of prison sentences of two years or less and replacing them entirely with alternative sentences served in the community.

It comes as the Scottish Prison Service has raised concerns about over-crowding and an unsustainable rise in the country’s prison population. 

These proposals will be consulted on and there will opportunities to support or express concerns about some or all of the suggestions.

If taken forward, these proposals would be drafted into a bill which the Scottish Parliament would need to vote on.

What does Rape Crisis Scotland think?

Rape Crisis Scotland is currently engaging with the details of these proposals and intends to respond to the Scottish Government consultation to make its views known. 

We are grateful to the Scottish Government for their early communication with us on this issue, however we have serious concerns about the implications of reducing custodial sentences for sexual offenders - both in terms of the safety of survivors and overall confidence in the justice system. 

We recognise that community justice can be effective ways of dealing with non-violent offenders and we agree that people with a criminal background should have access to support and treatment which can help to reduce reoffending. 

However, we fought hard to exclude sexual offending from previous early release schemes - just as well we have fought to have the minimum sentencing guidelines for rape increased - and there is limited evidence to suggest that rehabilitative measures are effective for offences such as rape.

We also want to ensure that, if these proposed changes do progress through parliament, that elements of the Victims, Witnesses and Justice Reform (Scotland) Act - such as changes to the parole system and an improved Victim Notification Scheme - are prioritised so they can be implemented ahead of any changes to prisoner release. 

We cannot get to a point where a survivor spends longer pursuing justice than a perpetrator of rape spends in prison.

Rape Crisis Scotland chief executive Alev Taylor said: “These proposals could profoundly change the way that the prison system treats perpetrators of sexual violence, and we plan to engage with the details of these plans closely with the rights and interests of survivors firmly in mind.

“Organisations like ours have fought hard to maintain the exemption of rape and sexual offenders from early release schemes, both to ensure the safety of survivors and to maintain overall confidence in the justice system.

“Reports of sexual offending reached a record high this week, and still sexual offences continue to have the lowest conviction rate of any crime type in Scotland while survivors wait for up to three years for a court case to conclude. We cannot get to a point where a survivor spends longer pursuing justice than a perpetrator of rape spends in prison.

“We recognise the dangers of overcrowded prisons and acknowledge that managing the rising prison population is an incredibly difficult task, however we will not accept solutions which come at the expense of survivors of rape and sexual violence.

“As these plans are laid, we are clear that the prompt implementation of key parts of the Victims, Witnesses and Justice Reform (Scotland) Act – such as parole reform and reform of the Victim Notification Scheme – must be prioritised and brought into effect alongside any proposed changes to sentencing or the prison system.”