Prison governors have blocked 40% of inmates being freed early under an emergency government scheme, ruling them too high risk, figures show.
The Scottish Prison Service (SPS) released 286 prisoners in three tranches between 11 November and 13 December in a bid to ease the overcrowding crisis.
Data shows governors vetoed 187 inmates eligible under the scheme after considering them to be “an immediate risk of harm to a specific individual or group”.
In spite of this, 127 of the 286 freed had convictions for violent offences – accounting for 44%, the largest share of the total.
It comes as plans going through Parliament would slash the automatic release point to 30% for sentences under four years.
Critics fear the move could effectively scrap the prison governor’s veto allowing eligible inmates to walk free regardless of risk concerns.
As the veto applies only to emergency early release schemes, governors would be powerless to stop offenders being freed once they reach the new 30% mark.
Scottish Conservative shadow justice secretary, Liam Kerr MSP, said: “Angela Constance’s admission at committee on Wednesday that there is no governor’s veto when automatically releasing prisoners after only 30% of their sentence, is another example of poor planning and wrong-headed prioritisation of criminals instead of victims and public safety.
“Prison governors know far better than out-of-touch ministers whether an offender poses a real danger to victims or communities.
“Governors kept loads of prisoners in when the emergency release capitulation was tried but now those dangerous criminals will automatically walk out of the prison gates after they have served just 30% of their sentence.
“The Justice Secretary must start paying attention to victims, to prison governors and realise this situation presents yet more risks to community safety, rather than making this stuff up as she goes along.
“Only the Scottish Conservatives would scrap all of the SNP’s early-release legislation, build the prison capacity Scotland needs and restore law and order to our towns and cities.”
SPS data shows 75 (26%) of those released in November had convictions for “crimes against society” – a category encompassing drug offences, weapons possession, bail violations and resisting arrest.
A total of 52 inmates were imprisoned for crimes involving dishonesty, 17 for road traffic offences and nine for anti-social behaviour, with a further six classified under the “all other offences” category.
Justice Secretary Angela Constance plans to “hardwire” automatic early release into the justice system by allowing short-term offenders to walk free after serving just 30% of their sentence.
It was reduced from 50% to 40% in February last year under the Prisoners (Early Release) (Scotland) Act 2025, which was distinct from the separate “Emergency Early Release” (EER) scheme launched in November.
If passed by Parliament, the 30% change is expected to come into force in May after the conclusion of the current emergency early release programme in April.
Both schemes apply to short-term prisoners but EER was narrower, time-sensitive and discretionary, in contrast to the 2025 Act which was broader, automatic and permanent.
Ms Constance argues the measures are necessary because Scotland’s prison population remains “stubbornly high”.
Early release is limited to short-term prisoners only – those serving less than four years and excludes those convicted of sex offences, domestic abuse offences or terrorism charges.
Victim Support Scotland and senior police officers warn expansion of early release schemes is damaging public trust, causing distress to victims and putting public safety at risk.
Chief Superintendent Rob Hay, president of the Association of Scottish Police Superintendents, says violent crime is rising in communities and early release “potentially puts the general public at risk”.
He insists offenders posing a clear danger “belong in jail”.
He said: “It’s harder than ever to get sent to prison in Scotland so when I hear about releases of prisoners and earlier releases of prisoners, then you can’t help thinking those are people who are otherwise dangerous to the public being released early back into communities.
“A declining prison population cannot be heralded as a success if it means a rise in crime and more victims.”
Data shows a total of 428 prisoners were released between November 11 and 12 February, with three further tranches planned to take place during April.
Despite this latest projections indicate prison numbers could hit 8,800 by July.
A Scottish Government spokesperson said: “The governor’s veto is a specific public protection measure which is only applied in relation to emergency early release.
“It remains in place – we have no intention of changing that.
“It allows a governor to intervene where an individual’s emergency release is deemed to pose an immediate risk of harm to a specific person or group, including themselves, and reflects the fact that emergency release powers are used at short notice to release a specific cohort of prisoners earlier than their normal release point.”
They added: “This is separate from the legislation currently progressing through parliament, which concerns the automatic early release point, not emergency release. The governor’s veto does not apply where a prisoner reaches their statutory automatic release point in the normal way.”
