SCOTTISH prisons are operating above capacity with “emergency measures” needed, ministers have been warned.

Wendy Sinclair-Gieben, HM Chief Inspector of Prisons for Scotland, issued the warning ahead of a statement to Holyrood by Justice Secretary Angela Constance on the number of inmates currently being held in Scottish jails.

According to recent reports, Scotland’s prison population reached 8,365 this week and it is at its highest level since 2012.

The statement follows ministers in England who are preparing to extend an early release scheme for a second time.

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The scheme could see some criminals freed from jail up to 70 days before their release date in a bid to ease prison population numbers there.

Sinclair-Gieben stressed there has been a “determined effort” by the Scottish Prison Service (SPS) to manage the number of inmates it has safely.

However, she told BBC Radio Scotland’s Good Morning Scotland programme: “The reality is with over 8300 people in prison we run a risk.”

She added: “There is a short-term issue, which is numbers are too high, and we do need to take emergency measures.”

Sinclair-Gieben made clear her view that prisons are operating above capacity.

She stated while not every space is currently filled, she believes some of the cells that are being used to accommodate two inmates are not large enough to safely fit two people.

The prison inspector said: “I think we are above capacity, there is a difference in our understanding.

“I recognise that every place filled would be at capacity, but I would argue there are a number of cells that are too small for two people that are having to hold two people.

“So I think we are already above capacity.”

She also said that the number of prisoners was so high that it could impact rehabilitative work by the SPS.

Sinclair-Gieben said: “We are certainly above the ability of the Scottish Prison Service, with the limited resources and facilities and buildings they have to give people the rehabilitative agenda that the public has a right to expect.”

The SPS have confirmed the prison population had “increased rapidly in the past few weeks”, with this putting “significant pressure” on both jails and their staff.

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A spokesperson added that “many” prisons were now “full beyond their design capacity”.

The SPS spokesperson said: “Our population, which was already very high and extremely complex, has increased rapidly in the past few weeks, in a way which was not anticipated.

“This is putting significant pressure on our staff, our establishments, and those in our care.

“The complexity is driven by the high numbers of individuals who may require to be accommodated separately, for example because they are on remand, have links to serious and organised crime, or due to their offending history, all of which exacerbates the challenges faced.

“It is further illustrated by the increase in demand for health and social care services across the prison estate in recent years, partly due to our ageing population.”

The spokesperson added: “Many of our establishments are full beyond their design capacity.

“This increasingly restricts our staff’s ability to do the quality work that supports people’s personal development, rehabilitation and chances of a successful reintegration into the community upon liberation, which is key to reducing the risk of reoffending.”