Commission wants views on early release

Sentencing Commission launches public consultation on releasing prisoners before sentence fully served

News, 21 June 2005

A public consultation has been launched into the early release of prisoners and how they are supervised on release.

The Sentencing Commission for Scotland, formed in November 2003, wants to tackle the confusion and "lack of transparency" surrounding sentencing.

At present prisoners sentenced to up to four years in prison are automatically released after serving half their sentence, though can be made to serve the unexpired balance if they offend again before the full term has passed. Prisoners on longer sentences are eligible for parole after serving half their sentence and are normally released in any event after serving two thirds.

These arrangements were introduced in 1993 on the recommendations of a committee under the then High Court judge Lord Kincraig, but have proved controversial. Some politicians have regularly called for sentences to be served in full.

Lord Macfadyen, the judge who is chairman of the Commission, said: "The law governing early release of prisoners and, where applicable, their supervision in the community after release, is complex.

“It is a source of controversy, deriving to some extent from its lack of transparency, with the consequence that individuals, including judges and others within the criminal justice system, just do not understand how some aspects of it operate in practice.

“Our review is looking at all aspects of this area of our law and the challenge is for us to produce a just, fair, efficient and effective system that is readily understood by everyone.”

The consultation paper explains the current statutory arrangements, provides some examples of how they operate in practice and sets out how they have developed over the years.

It also invites views on the key issues of whether the law should require every prisoner to serve the whole specified period of imprisonment in prison, or continue to provide that part of the sentence should be served in the community.

The consultation also asks whether a sentencing judge should be required to explain, in open court, what the sentence being imposed will mean in terms of when the accused may or will be released from prison.

Lord Macfadyen said: "Our consultation paper is being issued to a wide range of organisations and bodies, which are involved in this area of our criminal law, but we are especially anxious to hear from the general public.

“One often reads in the press that the public are dissatisfied with the current early release system and so we would like to hear what people think should be put in its place.”

Responses to this consultation have to be in by 30 September. A report with recommendations to the Scottish Executive will be submitted by the end of the year.