WE ARE in crisis, and it's because of our spiralling prison population. Our Chief Inspector of Prisons, Dr. Andrew McLellan, has warned about the consequences of the relentless increase in prison numbers. "It's now or never", he said.

He urged us to seize the opportunity highlighted by the McLeish Prison Commission report called Scotland's Choice. It presented two paths: continue as we are with ever-increasing prisoner numbers, or take positive steps to make the country safer by ending our reliance on prison as the answer to all problems.

The Commission pointed out that in Scotland we imprison more of our people than most other countries in Europe, and constant rises in population involve those who are "troubled and troubling rather than dangerous". The government's response to the commission was a bill which effectively scraps sentence of six months and less, other than in exceptional circumstances.

With such moves afoot, my suggestion is that we must make a more significant effort to ensure that prison is used only for protection of the public from serious and dangerous people.

To do that we need a clear-out. We need to open the prison gates and release roughly 3,000 prisoners. I don't suggest that we do it next week. It will need some planning, but we need to do it soon. Most of these people can be reformed and rehabilitated outside prison. Investment in community resources should save further money on prison in the long-term.

Most of those released will have literacy problems, addiction and mental health difficulties, and other blights which accompany poverty. They will often have been in care and been victims themselves. If you stood at the prison gates and watched them leave I hope you might feel sorrow rather than fear or anger. You would see prison is used as a dumping ground when we run out of ideas. And yet it works less well, in most cases, than doing nothing. It has become our default position when health and education run out of resources. If we funded those areas as we fund prisons we truly would live in a safer country.

In the 20 years to 1992 our prison population remained stable at around 5000. As I write it is about 8000, despite a total prison capacity of only 7300 and crime remaining pretty static in that period. In September we reached numbers which had been predicted for 2014. There are serious suggestions that they may rise to 12,000 within 25 years. This would require seven new prisons. It has been pointed out by Professor Alec Spencer, a former prison governor, that the increased prison costs since 1992 would have paid for 16 primary schools, four secondary schools, six large accident and emergency department and one major hospital. What would you prefer to have your money spent on?

Prison overcrowding makes us less safe. It ensures many of those in prison will use drugs, and it increases the risk of violence towards prisoners and staff. In September the Chief Executive of the Scottish Prison Service, Mike Ewart, wrote to MSPs to say he could no longer guarantee that the operation of the country's prisons is "operationally safe or compliant with our legal obligations".

What to do? Other countries use prison amnesties from time to time. The idea sounds odd if not crazy. In fact we have experience in Scotland of something similar. In October 1993 roughly 500 short-term prisoners were freed when the Tory government changed the Scottish rules on early release. I remember fears were expressed about what would happen but if you Google it you will struggle to find any mention of it at all. The skies did not fall and there was no massive crime-wave.

I realise that this suggestion is likely to provoke outraged opposition. I hope that it sparks serious debate. I would be surprised if its supporters did not include prison governors, staff and even the Scottish Prison Service. After all, they see the futility of current sentencing policies. The SPS has suggested an end to all sentences of 12 months imprisonment or less because they are expensive and achieve nothing meaningful.

A structured clear-out will allow us to make society more safe. Those released will mostly be nuisance or less serious offenders: for example, 2217 were jailed in one year for shoplifting. I accept some of their crimes may seem serious but even victims are often more interested in reparation and understanding why something happened to them, and have a strong wish it doesn't happen again. Prison often provides only the promise that it will happen again - loss of family contact, jobs, homes and continuity of healthcare all increase the likelihood of reoffending. We need to recognise the futility and carelessness of doing nothing.

Failure to recognise this moment of opportunity will be expensive. We neglect prisons at our peril. Overcrowding, a lack of meaningful activity and slopping out have already cost us in compensation to prisoners. The greater cost may well be, in future, more offending and more victims. Scotland's choice is obvious.