Against the backdrop of a looming prisons crisis, the Scottish Government has opened a consultation into the amount of time offenders are spending in prison.
The consultation is inviting views on changes to the point of release under licence conditions for people that are serving a custodial sentence of four years of more. This would allow individuals to return to their communities in a way that is managed, whilst also reducing the pressure that the prison estate is under.
These measures would not apply to those who are serving extended sentences for violent or sexual offences, however.
At the moment, individuals that are serving long-term sentences are released under community supervision six months before the end of their sentence unless they were previously recommended for parole at an earlier stage. The proposals have outlined that this could be done for a third of the sentence, with those released being subject to licence conditions, supervision, and recall to custody.

Angela Constance, Scottish Justice Secretary, said:
“Supervision is a commonly used element of custodial sentences – as part of efforts to prepare individuals nearing their return to the community to settle and ultimately to not re-offend. Our proposals would bring forward the point at which long-term prisoners are released to individuals who spend more time under licence conditions in the community before the end of their sentence.
“Individuals would continue to serve their sentence but do so in the community under strict supervision, which can improve reintegration back into society and reduce the risk of reoffending.
“We are considering these measures to find a better balance between the time spent in custody and time supervised in the community, particularly following the recent increase in the prison population when Scotland already has one of the highest in Western Europe.
“Public safety will be paramount. Release under licence conditions means strict community supervision and specific support in place informed by robust individual risk assessments of prisoners. These measures would be introduced through legislation, requiring debate and the approval of parliament. I invite people to share their views.”
For most prisoners that are serving long-term sentences, this would see a return to the position that was applicable before the 1st February 2016.
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