Meeting of the Parliament 02 April 2015
As we have heard, the bill before us—which proposes to end automatic early release for sex offenders serving four years or more and other offenders serving 10 years or more—is likely to be substantially amended by the Scottish Government at stage 2.
If the bill were to be passed in its current form, it would affect only 1 per cent of prisoners in Scotland. The Scottish Government’s proposed amendments would end automatic early release for all long-term prisoners serving four years or more, which equates to only 3 per cent of the 7,851 people who made up Scotland’s prison population, on average, in 2013-14.
As we have heard today, there are greater concerns about the sentencing policy and process in Scotland. Scottish Labour agrees with victim support groups that there needs to be clarity in sentencing; victims, the community and offenders need to understand what the sentence that is passed by the judge or sheriff means in practice. The bill does not go far enough in achieving that aim.
The amendments will also introduce a mandatory period of supervision after release. At this stage, however, the period of supervision is undefined in the bill. Furthermore, we do not yet know whether that period will be part of the issued sentence or whether it will be added on at the end of the custodial sentence. It would be helpful if the Scottish Government could clarify that point as a matter of urgency.
Section 2 of the bill, which—like others in the chamber—I welcome, would ensure that offenders who were due to be released on a Friday could be released up to two days early to ensure that proper care and support were in place before the weekend. That should improve the transition from prison back into the community. Currently, if someone is due to be released on a Friday, the proper care and support are not in place in relation to social services and housing, which can—and does—lead to issues.
Given those substantial amendments, both the financial memorandum and the policy memorandum will need to be rewritten. The SPICe briefing on the bill originally estimated that
“the eventual long-term impact would be to increase the average daily prison population by approximately 140.”
I would expect that figure to increase. The number of those affected, using 2012-13 figures, stood at 131 offenders, but the amendments would affect 473 offenders—again, based on 2012-13 figures.
An increase in demand for prisoner programmes is also expected, reflecting the fact that any early release for relevant prisoners would be based on an assessment of risk to the public. With that in mind, we must ensure that adequate rehabilitation services are in place. The Howard League for Penal Reform in Scotland states that
“it is necessary for the Scottish Prison Service to provide sufficient rehabilitation services to allow prisoners to reduce their risk of reoffending and harm. Where such services are not available, continued detention may become arbitrary and in breach of Article 5 of the European Convention on Human Rights”.
Offenders who have been refused release could have a human rights challenge if they have not been offered the necessary rehabilitation programmes, and members across the chamber certainly agree that we should avoid that.
Some of the changes will put additional strain on the prison system if proper resources are not made available. Indeed, during his evidence to the Justice Committee, Professor Alan Miller of the Scottish Human Rights Commission stated:
“You have heard from witnesses that the resources within and outwith prisons are not seen as being adequate. The legislation will increase the spotlight on whether resources are adequate.”—[Official Report, Justice Committee, 13 January 2015; c 13.]
The bill is due to go through substantial amendment, and it is difficult to discuss its full impact when we do not know the full projected costs and effects of the amendments. However, Scottish Labour will support the bill at stage 1. Despite the fact that it fails to address sentencing policy and reconviction, it is a start.
I hope that the Scottish Government will ensure that prisons and the Parole Board are properly resourced, that adequate rehabilitation services are in place and that those services can meet future demand.
15:55