SNP's charter for killers and rapists: Soft touch justice scandal over ministers' latest plan

By TOM GORDON, SCOTTISH DAILY MAIL DEPUTY POLITICAL EDITOR Published: 20:20, 25 June 2026 | Updated: 20:20, 25 June 2026 Scotland's worst criminals, including killer and rapists, are to enjoy a third off their sentence under the SNP’s latest ‘soft-touch’ justice plans. Long-term prisoners, among which are those convicted of culpable homicide, child abuse and drug trafficking, will be automatically released after two-thirds of the time imposed by a court. Those jailed for less than five years will be freed after serving just 30 per cent of their term. SNP ministers also want to discourage courts setting jail terms below two years in favour of more community sentences and to use bail and GPS monitoring instead of remand. Intended to slash inmate numbers to ease the prison overcrowding crisis, the proposals will benefit hundreds of criminals if enacted. SNP Justice Secretary Neil Gray claimed the ‘bold reforms’ would ‘strike the right balance’ and ‘protect victims and the public’. But opposition parties warned the far-reaching changes posed a danger to the public. Scottish Tory justice spokesman Stephen Kerr called it ‘the latest betrayal of crime victims’ by a Government that ‘failed to plan for the prison capacity Scotland needs’. He said: ‘SNP ministers have once again chosen the easy option - cutting the time offenders spend behind bars. SNP ministers plan for those jailed for less than five years to be freed after serving just 30 per cent of their term SNP Justice Secretary Neil Gray claimed the ‘bold reforms’ would ‘strike the right balance’ ‘This marks another significant weakening of Scotland’s sentencing system. ‘Scotland needs more prison capacity, faster justice, fewer people languishing on remand because of court delays, and a justice system that puts victims first.’ The SNP plans draw on a February report by the Scottish Sentencing and Penal Policy Commission, which backed cutting the prison population by around a third. Despite recent emergency releases to relieve pressure, the country’s prison population is some 600 above capacity at 8,500, leading to unsafe conditions for prisoners and staff, hampering efforts to rehabilitate criminals and reduce reoffending. Launching an eight-week consultation, Mr Gray told MSPs he wanted fewer people in prison and would make ‘full use of community-based alternatives where it is safe, proportionate, and effective to do so’. He said: ‘Protecting victims and the public is my top priority, and I am clear that prison will always be necessary. ‘It is absolutely crucial, however, that our prisons function safely and effectively. ‘If not, rehabilitation breaks down, reoffending rises and more people become victims. ‘With the sustained population pressures we have seen over recent years, that is the reality we are facing, and that is why we must act.’ As well as creating more prison places, including in ‘temporary modular accommodation’, and more work to reduce crime, he said there would be a series of major changes. He proposed extending the presumption against courts imposing sentences below 12 months to below 24 months; more use of community payback orders; more use of bail instead of remand; releasing long-term prisoners denied parole after two-thirds of their sentence with community supervision instead of let out six months early; and redefining a short-term prisoner as someone serving less than five years rather than less than four. The last change could have a profound effect - someone sentenced to just under five years is currently out after 4 years and 6 months if denied parole, but if classed as short-term they could be released automatically after just 18 months. Mr Kerr said: ‘Redefining a short prison sentence will allow many offenders convicted of serious crimes to spend substantially less of their sentence in custody. Scottish Tory justice spokesman Stephen Kerr called the SNP plan ‘the latest betrayal of crime victims’ ‘Coupled with plans to allow more long-term prisoners to spend the final third of their sentence in the community, and extending the presumption against prison sentences to 24 months, these proposals send exactly the wrong message to victims and offenders alike.’ Rape Crisis Scotland chief executive Alev Taylor said: ‘These proposals could profoundly change the way that the prison system treats perpetrators of sexual violence. ‘Survivors wait for up to three years for a court case to conclude. We cannot get to a point where a survivor spends longer pursuing justice than a perpetrator of rape spends in prison.’ Debbie Adams, Interim Chief Executive of Victim Support Scotland, added: ‘The Scottish Government must prove that victims’ safety and rights will be prioritised and ensure that any measures are properly resourced. ‘We welcome measures that reduce reoffending, but any alternatives to custody must be constantly assessed to ensure they reduce the number of people impacted by crime.’ Most long-terms prisoners were released automatically after two-thirds of their sentence until 2016, when the SNP scrapped the regime amid criticism it was too soft. Then First Minister Nicola Sturgeon said: ‘We recognise that tough action is required to tackle those offenders who commit the most serious crimes, ensuring communities are kept safe.’ The SNP also consulted on reviving the two-thirds release point in 2024 but did nothing. But with the prison population set to hit 9,500 in a decade on current trends - even with HMP Highland being completed in 2027 and HMP Glasgow in 2028 - Mr Gray said ‘further action’ was needed to put the system on a ‘sustainable footing’. Reform MSP Amanda Bland, a former police officer, called the SNP’s reliance on ‘mass early release’ a ‘desperate, knee-jerk plan’. She said: ‘The message is clear. The Scottish Government is failing our prison service, and they are soft on crime. ‘Prison staff are at their wits end trying to manage the unmanageable. Debbie Adams, Interim Chief Executive of Victim Support Scotland, wants victims' rights to be the priority ‘The Scottish Government has created and presided over this shambolic set of affairs, which puts criminals first and victims last. It cannot go on.’ Labour MSP Pauline McNeill said prison overcrowding after 19 years of the SNP was a ‘national disgrace’ and ministers had failed to heed years of warnings. She said robust alternatives to custody would be costly, but the SNP had lacked a ‘serious approach’ to investment so far. A Scottish Prison Service spokesman said: ‘The size and complexity of the prison population is unsustainable and poses a significant risk to the safety of both those living and working in our establishments. ‘Therefore, a range of action is needed, including looking at capacity, and as such we welcome the proposals set forward today.’ Justice campaigner Kenny Stewart, whose 17-year-old daughter Michelle was murdered in 2008 by her former partner, said: ‘This is just another SNP free-for-all and a sick joke for victims. ‘Prisons should be much tougher – too many of them are like holiday camps. ‘The solution isn’t to abolish prison terms - it’s to make prisons tougher.’ No comments have so far been submitted. Why not be the first to send us your thoughts, or debate this issue live on our message boards. By posting your comment you agree to our house rules. 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