Hansard

I welcome the opportunity to open the stage 3 debate on the Prisoners (Control of Release) (Scotland) Bill. First, I offer my thanks to the Justice Committee, the clerks to the committee and all those who gave evidence during Parliament’s scrutiny of the bill.

Before I move on to why the reforms in the bill are important, I think that it is appropriate to reflect on how Parliament has helped to shape and improve the bill. Through the diligent work of the Justice Committee, under the leadership of its convener Christine Grahame, stakeholders’ views were sought and committee members carefully reflected the evidence that they had heard in making recommendations to improve the bill. That is why, at stage 2, the Scottish Government lodged amendments to make the bill better legislation, which is to the credit of the scrutiny role that was undertaken by the Parliament—especially members of the Justice Committee.

As members will be aware, the bill is relatively small, but it contains important reforms in two key areas in respect of prisoner release. Policy on early release of prisoners is an emotive topic that often generates considerable debate, as has certainly been the case as Parliament has scrutinised the bill.

Section 1 will end the current system of automatic early release for all long-term prisoners at the two-thirds point of their sentence. In its place will be a system in which many long-term prisoners will no longer be entitled to automatic early release at all, while the rest will have early release restricted to the last six months of their sentences.

It is important to explain clearly what the bill will do. Automatic early release will be ended for any long-term prisoner who has an extended sentence. That means that prisoners whom the court has assessed as having the highest need for supervision will never be released automatically from custody. Such prisoners will always be supervised when they leave custody through the operation of extended sentences. Figures show that about 50 per cent of long-term prisoners who receive sentences for sex offences have an extended sentence in place and about 20 per cent of other long-term prisoners also receive extended sentences, so a significant number of long-term prisoners will, in the future, never be entitled to automatic early release.

In response to the views of the Justice Committee, the bill was improved at stage 2 to ensure that supervision would be in place for each long-term prisoner leaving custody. That provision avoids the issue of a prisoner’s being subjected to cold release into the community. That will mean in practice that a long-term prisoner who does not have an extended sentence will be released with six months left on their sentence. That release will include licence conditions for supervision to help the prisoner to reintegrate into the community and to ensure that steps can be taken to recall the prisoner into custody if a breach of conditions occurs.

We consider that the reforms will provide greater public safety. Discretionary early release will still be possible following the reforms, but automatic early release will be either ended or severely curtailed for long-term prisoners. We think that it is right to trust the independent Parole Board for Scotland to continue to consider the cases of individual prisoners, and to make decisions about whether to authorise early release based on assessment of the risk that the individual poses to public safety.

There are data about how behaviour in the community following automatic early release compares with that following discretionary early release. The rate at which prisoners breach their licence conditions following automatic early release is seven times higher than the breach rate for prisoners who receive discretionary early release. The rate at which prisoners are recalled to custody following automatic early release is five times higher than the recall rate for prisoners who receive discretionary early release.

The independent Parole Board does a challenging and difficult job, and if the bill is approved, it will have increased powers to carry on its good work and to make more decisions about whether long-term prisoners should be released into the community before a sentence is at its end. That will help to keep our communities safe while still allowing early release for individual prisoners in order to aid their reintegration into the community, where the risks to public safety are manageable in the community.

I believe that it is worth discussing why the minimum length of supervision should be six months. MSPs will be aware that stakeholders suggested that the initial weeks and months following release are generally the most critical for prisoners reintegrating into the community. A mandatory control period would be most appropriate during that period, when prisoners who have left custody seek to re-establish themselves in their communities, and when challenges including accessing housing and work opportunities can be at their most acute. A period of six months will ensure supervision during that important time. Of course, considerable work goes on in prison in the lead-up to a long-term prisoner’s release. Although the length of supervision is important, it is our view that the quality of support and supervision in the lead-up to release and following release are critical.

Reducing reoffending is a priority for the Scottish Government. Although reconviction rates are at a 16-year low and recorded crime is at a 40-year low, we can always do more to address offending and its underlying causes.

We are taking forward work to reduce reoffending. That will require the establishment of more effective and closer links between the criminal justice system and wider aspects of our public sector and the third sector. I chair a Scottish Government ministerial group on offender reintegration, which has sought to address the key demand for better integration between our criminal justice system and wider public services in order to facilitate a reduction in reoffending. The second section of the bill makes an important contribution in that area and is a key ministerial commitment from that group. The releasing of prisoners from custody when important support might not be available in the community is a key barrier to ensuring continuity of support in the transition from custody to the community.

The ability of prisoners to access public services including housing, welfare and addiction services and advice on the day on which they are released is crucial to successful reintegration. The availability of such support can be particularly problematic on Fridays and on the days preceding public holidays. When there is evidence that suitable arrangements are required to address a prisoner’s reintegration needs and those cannot be addressed immediately on release, the bill will allow the prisoner’s release to be brought forward by up to two days. I welcome Parliament’s strong support for that important provision, which will make a real difference in allowing a more flexible approach to be taken, in individual cases, to supporting prisoners on their release from custody.

The bill will improve the system of early release by allowing decisions about how and when long-term prisoners are released from custody to be informed by three key factors: individual consideration of a prisoner’s needs, consideration of the risk to public safety that the prisoner might pose, and the need to have effective supervision in place. I believe that that is the best way to protect our communities and to reassure the public.

I move,

That the Parliament agrees that the Prisoners (Control of Release) (Scotland) Bill be passed.