By Gemma Fraser
Head of content
More than 20 prisoners have been released from Scottish jails on compassionate grounds in the past decade, according to official documents.
Out of the 22 people granted release since 2016, 18 have died, the Scottish Government data shows.
The remaining four prisoners have no name or date of death recorded, indicating that they are still alive.
This includes one who was granted release from HMP Shotts in 2016 due to a brain tumour diagnosis.
It also includes another prisoner freed from HMP Edinburgh in 2020 after being diagnosed with lung cancer, and one who was released the following year from HMP Shotts, also following a terminal lung cancer diagnosis.
Scottish ministers have the power to release prisoners on licence on compassionate grounds for reasons including terminal illness, severe incapacitation, or where continued imprisonment would endanger a prisoner or shorten their life expectancy.
One of the most controversial cases for compassionate release was the decision to free Lockerbie bomber Abdelbaset al-Megrahi (main photo).
The former Libyan intelligence officer is – to date – the only person to be convicted of the 1988 terrorist attack, which remains one of the deadliest the world has ever witnessed.
He was found guilty in 2001 of 270 counts of murder and jailed for life – but was released from HMP Greenock in 2009 on compassionate grounds after being diagnosed with terminal prostate cancer.
Scottish Government spokesperson
The advice at the time was that Megrahi had an estimated three months to live, and he was granted permission by former justice secretary Kenny MacAskill to return to Libya to die.
However, he went on to live another three years back home with his family before his death in May 2012.
A Scottish Government spokesperson told 1919: “Early release on compassionate grounds is considered in exceptional circumstances following a rigorous assessment process.
“Release may be considered where a prisoner’s death is anticipated within a short timescale, or where they are seriously medically incapacitated.
“In all cases, we must be satisfied that the risk of reoffending or public harm is low and can be appropriately managed, and that suitable arrangements are in place for the prisoner’s supervision, care and treatment in the community.
“Before releasing any long‑term or life prisoner, Scottish ministers are required to consult the Parole Board for Scotland unless the circumstances are such as to render consultation impracticable, for example where medical practitioners have advised that death is imminent.
“The Parole Board provides an independent recommendation for the Cabinet Secretary’s consideration.
“This process balances compassion with our overriding responsibility to protect public safety.”