Scotland has begun the early release of up to 390 prisoners as part of an initiative aimed at addressing chronic overcrowding in its jails.

This follows the enactment of emergency legislation in 2022, allowing inmates sentenced to less than four years to be freed after serving 40% of their term instead of the previously mandated 50%.

The release process will unfold in three phases over a six-week duration, commencing on Tuesday.

Importantly, inmates convicted of domestic abuse or sexual offenses are excluded from this initiative.

Justice Secretary Angela Constance remarked on the excessive prison population, which at the end of last week totaled 8,344 inmates, surpassing the target operating capacity of 8,007.

Last summer, an earlier attempt to mitigate similar issues led to the early release of 477 prisoners, yet data from the Scottish Prison Service (SPS) indicated that 61 of those individuals returned to custody before their scheduled release.

The government of England and Wales previously undertook a similar measure, facilitating the early release of over 1,700 prisoners last autumn to alleviate their own overcrowding.

However, reactions from victim advocacy groups have been notable, with Victim Support Scotland (VSS) and SPS collaborating to implement a notification scheme for victims potentially impacted by prisoner releases.

VSS has expressed concern over the low registration rate among victims for this service, suggesting that improvements are needed.

Kate Wallace, CEO of VSS, highlighted the apprehension among victims regarding their safety as prisoners are released early.

Lynn Burns, whose son was murdered in 2013, expressed her distress upon discovering that one of the convicted individuals was released early.

Such cases indicate the emotional toll that early releases can have on victims and their families.

Barlinnie Prison in Glasgow has been cited as emblematic of Scotland's overcrowding crisis, currently operating at approximately 140% of its intended capacity.

The prison, established in the 1880s, was designed to accommodate 987 inmates but currently holds nearly 1,400.

Governor Michael Stoney characterized the facility as a 'pressure cooker' and noted that the new early release laws were essential for maintaining safety among both staff and inmates.

Nonetheless, he acknowledged that some individuals released early would likely reoffend and reenter the system.

The long-term solution to address overcrowding remains contentious.

Critics from both ends of the political spectrum, including the Scottish Conservatives, have labeled the government’s response as inadequate, pointing to failures in effectively managing the prison population and the construction of new prison facilities.

The ongoing situation is further complicated by calls for reform to the criminal justice system, lasting more than 16 years since a report advocating a new approach highlighted that high incarceration rates had not significantly addressed underlying social issues.

The discourse surrounding early prisoner releases in Scotland illuminates the delicate balance between public safety and the rehabilitation of offenders, alongside the profound fears experienced by victims of crime.