Scotland’s prisons are a human rights disaster in the making that early release of inmates won’t fix – Karyn McCluskey

A sky-high prison population creates a powder keg, increasing the chances of violence, riots, suicide, drug use, self-harm – and the risks to staff

Our prison population has reached 8,246, the highest level in five years, and almost half of Scotland’s prisons, seven out of 15, have declared ‘red status’. Teresa Medhurst, chief executive of the Scottish Prison Service, told Scottish Parliament’s Public Audit Committee earlier this month that this means prisons are struggling to cope.

Following the announcement that some prisoners are set to be released early to reduce overcrowding, the hounds have been baying. I’ve worked in justice for a long time – over two decades – and I know that the first instinct of a large section of the public is that it’s ‘too easy’ in jail. That unpleasant conditions and reduced services can only be a good thing; if you can’t do the time, then don’t do the crime.

But the reality is that prisons have a job to do – to work with (most) of those imprisoned so they are ready to rejoin and contribute to society, and are less likely to return to crime. Many have complex lives and need support with substance misuse or mental and physical health. I believe that prisons should be compassionate and humane places – and even if you don’t, you must want less reoffending and fewer victims of crime, not more.

Inmates who leave prison after being through a rehabilitation process are less likely to return (Picture: Community Justice Scotland)

Early release a temporary measure at best

Reduced services mean a lack of rehabilitation, behaviour courses, reskilling opportunities and treatment, which means no support – or opportunities – to change, to build a new way of living. And what of the people who do the difficult job of working in our prisons? A sky-high prison population creates a powder keg, packed with frustration, stress and tension. There is increased violence, higher likelihood of riots, suicide, and more drug use and self-harm. Staff are under greater pressure and face increased risks to their safety.

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It can’t go on. It is a human rights and social justice disaster in the making. Early release might ease some pressure but is at best a temporary measure. We have to fix this whilst it’s moving. There are tough decisions needed and politicians will have sleepless nights over the Hobson’s choice they have to make – what’s the least bad thing to do – all whilst anticipating a public mauling.

Warped public discourse

In truth, the people who commit serious crime will probably end up in custody, but right now short-term sentences of under a year are going up – even though we have a presumption against such jail terms. Could we consider ending the use of short-term sentences?

Plan to release prisoners early because of overcrowding makes mockery of justice

It would require radical change. This would include, but not be limited to, the need to support and fund some of our local services to deal with the change, coherently mobilise the third sector to support local areas, and fund them to do it – for they have the potential to pivot to meet a need.

The biggest change would need to be in our culture. Decades, even centuries, of law and order politicking have warped public discourse on justice. Despite this, there are many great things happening in justice which get lost in this debate – and sadly, we have no one to blame but ourselves.

Karyn McCluskey is chief executive of Community Justice Scotland