Early Release of Prisoners (Notification)

Portfolio Question Time – in the Scottish Parliament am ar 26 Mehefin 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Jamie Greene Jamie Greene Ceidwadwyr

To ask the Scottish Government, further to its decision to grant early release to prisoners currently in custody, whether all victims and their families will be duly notified of the early release of any prisoner. (S6O-03632)

Photo of Angela Constance Angela Constance Scottish National Party

I want to ensure that victims are able to access information about the release of the prisoner in their case if they want to receive it. It is important to bear in mind that providing unwanted or unrequested information can retraumatise victims.

Victims who are already registered with either of the two statutory information schemes will automatically be informed of the release of the prisoner in their case. In cases of emergency release, we have added two further ways of receiving information. Victims can go through one of four named victim support organisations, which can request information about a prisoner’s release on their behalf; alternatively, a victim can contact the Scottish Prison Service directly to receive information about the release date of the prisoner in their case.

Photo of Jamie Greene Jamie Greene Ceidwadwyr

I am not convinced that enough has been done to communicate that information to victims. In fact, Victim Support Scotland warned us that this early release will simply create more victims. Sadly, on day 1 of the first tranche of hundreds of prisoners being released, victims are already being created. This morning, I read in the media a horrendous report that victims are being contacted by prisoners—from inside prison, before their release. Can we check whether that is true—and what is being done about it?

If anyone is caught contacting a victim before their early release, will that release be blocked—vetoed—using the prison governor’s veto powers? In addition, if someone is released under the early release programme, then harasses a victim, will they face an immediate recall to prison?

Photo of Angela Constance Angela Constance Scottish National Party

When I spoke to the chief executive of the Scottish Prison Service about an hour ago, she had not been made aware of any specifics other than what she had read in the media. Nonetheless, she will proactively contact victim support organisations, as members would expect.

From my perspective, whether prisoners get early release or planned release, the behaviour that Jamie Greene has outlined is utterly unacceptable. If any victim experiences that, they should immediately contact the Prison Service and the police so that it can be looked into.

In addition, phone numbers for prisoners have to be scrutinised as part of core procedures, in that the phone numbers of people who receive calls should be on an approved list.

The governor veto provides an additional safeguard, because governors can use it to prevent harm to an individual or group of individuals who are at risk.

Photo of Liam McArthur Liam McArthur Democratiaid Rhyddfrydol

Not only do the responses need to be briefer, but piling multiple questions within a question does not help. There are two brief supplementary questions.

Photo of Michelle Thomson Michelle Thomson Scottish National Party

The cabinet secretary mentioned that, over and above the existing victim notification scheme, there are additional ways for victims to find out whether someone has been released through emergency release. For the record, will she briefly outline what those are?

Photo of Angela Constance Angela Constance Scottish National Party

I will do so briefly.

Following representations that were made to me by victim support organisations, amendments were made to the Bail and Release from Custody (Scotland) Bill so that victim organisations could be named in the regulations relating to emergency release. Victims can get the support of victim support organisations, who can receive information on their behalf if victims so wish.

Under the other scheme, people can contact the Scottish Prison Service directly.

Photo of Baroness Katy Clark Baroness Katy Clark Llafur

SISCO has described the current releases as “shambolic”, with prisoner release services being “overwhelmed”. Last month, the cabinet secretary said that there would be improvements to victim notification, and she may have outlined what those are. However, we know that most victims will not be notified that an offender will be released earlier than expected. Can the cabinet secretary confirm the exact number of offenders who are being released, and the number of victims who will receive notification? If she does not have the number of victims, will she obtain it and share it in the chamber?

Photo of Angela Constance Angela Constance Scottish National Party

The current projection is that 514 prisoners will be released over the four tranches. The first tranche of 110 will be released today and tomorrow. The number of inquiries regarding the victim notification scheme remains low, at 12. Nonetheless, we continue to engage extensively with community partners and victim support organisations.