EXCLUSIVE:
The law to end the controversial automatic early release of prisoners faces indefinite delay because of jail over-crowding after First Minister Alex Salmond yesterday described Scotland's prison system as being in "crisis".

The problem of overcrowding was behind a Parliament vote last night which will see some longer-term inmates being given home-detention curfews.

Justice Secretary Kenny MacAskill also announced he is preparing to bring forward more measures to ease the pressure on prisons in the next few months.

He faces growing opposition pressure over such prisoner release schemes, with Tory Bill Aitken saying "the SNP Government is hellbent on emptying Scotland's jails regardless of the consequences".

Automatic early release was introduced 15 years ago, meaning anyone with a sentence of up to four years is freed halfway through the stated term, with no conditions placed on them.

The new law means they would have to show they deserve early release and there would be supervision orders placed on them.

The Custodial Sentences and Weapons Act was the last to be passed by the Labour/LibDem administration, having faced sustained pressure over the issue from Tory leader Annabel Goldie.

But there was never a budget for the extra prison capacity required if prisoners are not to be released early, estimated at between 700 and 1100 places.

Nor was it clear how the social work service was to provide the extra supervision required outside prison, or the additional requirement to assess all prisoners ahead of release.

Mr Salmond told MSPs yesterday the policy is now being reviewed by the prison commission headed by former Labour First Minister Henry McLeish, which is due to report in June. Ministers still want to implement the law, but they have strong reservations about whether and how fast it can be achieved.

A spokesman explained: "Ministers are committed to end the arbitrary and unconditional early release of the current system, but they have been clear that they have a duty to ensure any change does not have an unforeseen and detrimental impact on the wider criminal justice system."

Mr MacAskill is considering options for further measures to reduce overcrowding pressures, and it is "very likely" he will have to announce them to parliament "in the coming months".

That could include extension of the Home Detention Curfew or more use of open prisons, which have been a source of controversy since Robert Foye absconded from one and raped a schoolgirl.

Yesterday's vote to extend the curfew scheme to include prisoners serving sentences of more than four years was passed by 66 to 58 votes after two defeats. The Justice Committee had rejected the proposal on the casting vote of Tory convener Bill Aitken.

It was defeated again two weeks ago in full parliament, when four LibDem MSPs, who had been expected to support the SNP, accidentally voted the wrong way and, in two cases, turned up too late to vote.

Ministers brought the issue back to parliament, facing criticism for refusing to accept the previous vote, having strongly criticised the previous administration when, in 2001, they similarly repeated a vote on fisheries they had lost because Labour MPs had left the parliament early to attend their conference.

Mr MacAskill assured MSPs that prisoners could not be released under the scheme unless the Parole Board has already recommended their release. "This will not change," he added.

"The SNP want to send virtually every prisoner home under their early, early release scheme and the consequences of this dangerous policy could be very serious," Mr Aitken said.

The public would be furious that "the SNP and the LibDems have put criminals first and them second. The public expects their government to protect them, not to become the criminal's best friend".

He said the policy was dangerous and alleged the streets are not safe under an SNP government. The prison population is at record levels, above 8000 when design capacity is 6626. As of yesterday 379 of these prisoners are out on home detention curfew.

Mr Salmond also faced embarrassment during First Minister's Questions over a Scottish Prison Service contract to transport young offenders between secure units, which was recently awarded to the private company Reliance Task Management.

LibDem leader Nicol Stephen reminded the First Minister what his ministers had been saying about Reliance and private-sector outsourcing when in opposition.

In a further line of attack, Ms Goldie asked about preparations if there is storm damage or flooding in a prison, and said that if there is over-crowding those contingency plans should be implemented.

"The SNP Government merely want to empty our jails, regardless of public safety," she said. "When will the SNP learn that you do not cut crime by cutting the prison population - you cut the prison population by cutting crime."