Long-term prisoner release process: consultation analysis

This report presents an analysis of the responses to the consultation on the long-term prisoner release process.


Views on the specific proposal that the point of release should be following two-thirds of sentence

Question 3. Please share any views you have on the specific proposal to release most long-term prisoners on non-parole licence following two-thirds of their sentence.

The majority of respondents who directly addressed this question in their answer agreed that two-thirds was an appropriate release point. It was felt that this was a good balance between punishment and rehabilitation. Respondents also said that any change should be consistent with that before 2015, with some also stating that they disagreed with the change made in 2015.

Hardly any suggestions were made for other potential release points. One organisation suggested “perhaps ¾”. One individual suggested 75% to 80%, and, another suggested 33% or 40% of the original timeframe (if a “model prisoner” and risk assessed). A handful commented on the halfway point in the context of parole eligibility or that release could be earlier depending on the offence type, low risk and if individuals had engaged in rehabilitation. One individual questioned whether two-thirds would be “based on the original sentence, or will it extend to sentences that may have been extended whilst remanded?”

Several respondents stated that the release point should be determined on an individual basis and decided based on each individual’s risk assessment. For example, one organisation stated that the “point of release should be dictated by comprehensive risk assessment and readiness for release as opposed to sentence length.” Respondents also suggested that the time a person requires to spend in the community as part of their sentence is particular to each individual. Accordingly, these respondents favoured the point of release being determined on an individual basis rather than being a uniform point for all prisoners.

As with responses to Question 2, most respondents, whilst supportive in principle raised a number of operational concerns (some of which may be inconsistent with the proposal as described, for example suggestions that risk be taken into account in deciding whether or not an individual should be released). These are discussed in Question 1 below. Given these concerns it was not always clear the degree to which respondents supported the proposal as framed.

Of those respondents who opposed the release of prisoners on NPL following two-thirds of their sentence, most were in general opposed to any form of early release. Others cited operational concerns as a reason for not being supportive of a change at this time. These are also discussed in Question 1 below.

Contact

Email: communityjustice.consult@gov.scot

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