New justice reforms proposed by Scotland's Justice Secretary Neil Gray could allow individuals convicted of rape to be released more than two years earlier than currently mandated, according to critics. The plans involve automatically releasing long-term prisoners after they have served two-thirds of their sentence.
Official statistics from the Scottish Government indicate that the average sentence for rape or attempted rape in 2023/24 was approximately 2,564 days, or just over seven years. Under the proposed changes, an individual serving this average sentence could be released after approximately 1,709 days, reducing their time served by about 855 days, or over two years and four months.
These proposals, which have been put out for public consultation, also include a potential presumption against sentences of two years or less. This could mean that up to 1,500 offenders annually might avoid jail time altogether. Convictions that could be affected include robbery, sexual assault, serious assault, attempted murder, and death by dangerous driving. The Scottish Conservatives have criticized the timing of the announcement, stating it was released on the final day before the Scottish Parliament's summer recess and was not part of the SNP's election manifesto.
Currently, prisoners serving sentences of four years or less are eligible for automatic release after serving 30% of their sentence. Longer-term prisoners can apply for parole after serving half their sentence. Mr. Gray's reforms propose changing the definition of short-term prisoners to those sentenced to less than five years, thereby extending automatic early release eligibility to more serious offenses.
For those deemed long-term offenders who have been denied parole, the new rules would mandate release after serving two-thirds of their sentence, with the remaining portion served in the community. This could also apply to individuals like Peter Murrell, former SNP chief executive, who was sentenced to over five years for embezzlement, and could benefit from the earlier release point for long-term prisoners.
Critics, including Stephen Kerr, Scottish Conservative justice spokesman, argued that these changes would put public safety and victims at risk. He stated that offenders should serve their sentences in full and accused the SNP of prioritizing dangerous criminals over public safety and failing to address prison capacity issues. Rape Crisis Scotland's chief executive, Alev Taylor, expressed concern, noting that organizations have worked to maintain exemptions for rape and sexual offenders from early release schemes to protect survivors and maintain confidence in the justice system.
Official data from 2023/24 shows that 1,464 custodial sentences were given for offenses between one and two years. This total included 236 for serious assault or attempted murder, 219 for common assault, 108 for robbery, 40 for sexual assault, and two for death by dangerous driving. Scottish Conservative leader Russell Findlay described the plans as a "shameful surrender to criminals" and a "deliberate process of weakening Scotland's criminal justice system."