Up to 390 inmates to be released early in Scotland

Up to 390 prisoners will be released early starting from next month in the latest move from the Scottish government to reduce the prison population.

Emergency legislation was passed last year which allows eligible inmates sentenced to less than four years in jail to be released after 40% of their sentence, rather than 50%.

The law will take effect from 11 February, and will see an estimated 260 to 390 prisoners eligible for release immediately.

They will be released in three tranches over a period of six weeks, starting on 18 February.

Justice Secretary Angela Constance said the move should result in a "sustained reduction" in prisoner numbers.

Prisoners serving sentences for domestic abuse or sexual offences will not be eligible to be freed early.

The next two tranches of prisoner releases will come on 4-6 March and 18-20 March.

Constance said: "While not a complete solution, this act will bring sustained reduction to prisoner numbers so the prison estate can continue to function effectively."

She added: "I absolutely recognise that the release of prisoners can be distressing for victims of crime and that changing the release point for short-term prisoners has the potential to raise questions and cause concern.

"That is why we will continue to work closely with victim support organisations to ensure that accessible information is available to victims on the change to the release point for short-term prisoners."

The government said victims who have already signed up to the Victim Notification Scheme will be told automatically by the Scottish Prison Service (SPS) if there is a change to the date of release of the prisoner in their case.

Victims who are not signed up can contact the SPS directly to receive information.

Alternatively, they can nominate Victim Support Scotland, Rape Crisis Scotland, ASSIST or Children First to receive information about prisoner release on their behalf.

The law change in Scotland replicates a change made south of the border by the UK government as minsters grapple with overcrowded jails.

In the long term, the Scottish government said it could result in a sustained reduction of about 5% to the sentenced prison population.

According to the latest figures, there were 8,223 in Scotland's prisons – above the target operating capacity of 8,007.

In the summer, almost 500 people were let out early under an emergency scheme introduced by the Scottish government.

It involved prisoners who had been sentenced to less than four years in jail and who had less than 180 days still to serve.

But it was revealed in September that the prison population was already higher than it had been before the early release.

In October, the Scottish government shelved proposals for the automatic early release of long-term prisoners due to concerns from victims of crime.

The Prison Officers' Association supported the new early release law, which it described as "a step in the right direction in helping to reduce prisoner numbers".

However, the Association of Scottish Police Superintendents said the new legislation would see the public "being put at risk".

Victim Support Scotland said that following the previous early release of prisoners, only 2% of victims were notified.

Chief executive Kate Wallace said the support organisation was "concerned that if the number of victims contacted is not increased this time, it will have a profoundly damaging impact on victim confidence and trust in the justice system - their voices are simply not being listened to".

Scottish Conservative justice spokesperson Liam Kerr said: "The imminent introduction of the SNP's reckless early release scheme is confirmation of their latest shameful betrayal of victims."

Scottish Liberal Democrat justice spokesperson Liam McArthur said ministers had "given themselves the power to release prisoners early, limit scrutiny and prevent prison governors blocking certain criminals from being released".

He added: "That's a risky combination for public safety."