TOMMY Sheridan's solicitor has called for the Scottish Prison Service to offer a public explanation if the former MSP is "gagged" on his release today from prison.

Aamer Anwar says Sheridan claims he will be banned from speaking in public on his release.

Mr Anwar says the prison service has a "public duty" to justify any restriction placed on the disgraced former Scottish Socialist Party leader.

The lawyer also said the prison service has a duty of care to Sheridan and will be denying him the right to move on with his life and re-engage in politics if the order is imposed.

Mr Anwar said: "The prison service have extremely wide-ranging powers and they can impose all sorts of conditions, specifically and generally, but they have to be able to justify them on the basis that they have a public duty of care.

"They should explain publicly the reasoning behind the imposition of any restrictions.

"I will be meeting Tommy at his family home tomorrow to look at the terms and conditions of his release and if the restriction is in place, we intend to oppose it in the Court of Session.

"We believe it is illegal and challengeable under the Human Rights Act.

"We can see no rhyme or reason for the restriction and we can see no reason as to why he can't speak in public or speak to the press." The solicitor added: "I've never heard of anything like this in my life – it is completely unprecedented.

"I've spoken to other solicitors and some officials in Crown Office and they all say they've never heard of it before.

"Even murderers, child abusers and terrorism suspects released out on licence are not treated like this and Mr Sheridan is none of those.

"He is a leader of a political party and a former radio presenter, but effectively he has been stopped from doing either job. How is he meant to support his young family?

"His wife is redundant, she is not working, and they have a young child. All the funds have been used up. What is he meant to do? What if he is talking to his colleagues at a political meeting and a member of the media slips in and reports it? He could be sent back to prison."

Mr Anwar added that certain sections of the media will hound his client on his release, claiming some may even try to have him sent back to prison.

He said: "If, over a period of six months, he was to slip up or respond and that was to appear in the papers then he could be recalled."

A spokesman for the Scottish Prison Service would not confirm or deny the claims or comment on individual cases.

The spokesman added: "Conditions can be placed on individuals being released under Home Detention Curfew and these conditions relate to trying to ensure that they do not re-offend and preserving public safety."

Sheridan is scheduled to leave Castle Huntly prison early this morning. He was jailed for three years in January last year for committing perjury during his successful defamation action against the now-defunct News of the World.

Sheridan is entitled to be released early after serving just half of his sentence and will be allowed to spend his final six months on a home curfew, serving time in the community.

A press conference will be held outside Sheridan's home this afternoon.