Hundreds of prisoners will be released less than halfway through their sentence under new plans announced to cope with overcrowding.

Prisoners serving short-term sentences (under four years) will be subject to the emergency legislation that will be put before MSPs next month.

It means instead of being released after serving half their sentence they will be freed after just 40% has been done. Someone jailed for three and a half years (42 months) will be out in 16 and a half months

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Prisoners convicted of domestic abuse or sexual offences will be exempt and still serve longer.

It is estimated the changes could result in a sustained reduction in the prison population of between 260 and 390.

The Scottish Government said it is necessary to ensure prisons can function properly.

Opposition parties meanwhile branded the move "dangerous".

The changes if approved will begin from February and affect current prisoners as well as those sentenced in the future.

The legislation would also give ministers powers to change the point of release under licence conditions for long-term prisoners serving sentences of four years or more.

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(Image: PA)

Angela Constance, Justice Secretary, said: “I am prioritising actions that can deliver a sustained reduction to the prison population. Public safety remains paramount which is why I am focusing on short-term prisoners only and with built-in exemptions.

“The measures I have outlined are necessary to support prisons to continue to function effectively and I remain grateful to Scottish Prison Service staff for their continued resilience. We must ensure that we have a prison estate which houses those who pose a risk to the public and provides the full range of support needed for people to leave on a better path and never turn back.”

Prison officers said they gave the move a “cautious welcome” but more action was needed to solve the issue in the long term.

Phil Fairlie, Assistant General Secretary of the Prison Officers Association, said: "Whilst the actions announced may bring some relief, the persistently high prisoner population makes clear that we need a genuine debate about the purpose of prison and a radical rethink of the sentencing policy if we are going to end the need for further emergency measures.

The Conservatives said the plan was “dangerous”.

Liam Kerr, justice spokesman, said: “It is unacceptable that the SNP have still not come up with a strategy to address Scotland’s prison population and are now choosing to release long-term prisoners early. 

“This dangerous practice was scrapped in 2015 by Nicola Sturgeon because it doesn’t work.

“The SNP’s decision to reintroduce early release is a betrayal of victims, compromises community safety and makes a mockery of independent judicial sentencing.”