The Prisoners (Early Release) (Scotland) Bill published

Today, legislation to ensure prisons continue to function safely and effectively following a significant increase in the prison population over the past year has been published.

The Prisoners (Early Release) (Scotland) Bill proposes that most prisoners serving sentences of less than four years would be released after serving 40 per cent of their sentence, rather than 50 per cent as at present. This change would not apply to prisoners sentenced for domestic abuse or sexual offences.

If the Bill is passed, under the emergency procedures, the change could be implemented as early as February 2025 for prisoners already serving short-term sentences, resulting in between 260-390 prisoners being eligible for immediate release.

It is proposed that releases would be managed in three tranches over a period of six weeks.

This change would also apply to prisoners sentenced from that point on. Looking to the longer term, the change could result in a sustained reduction of around 5% to the sentenced prison population.

Following a public consultation, the Bill also proposes powers for Ministers to change the point of release under licence conditions for prisoners serving sentences of four years or more.  

Information for victims will continue to be available through the Victim Notification and Victim Information Schemes, and the Scottish Government will continue to work closely with victim support organisations.

Justice Secretary Angela Constance said: “The prison population has continued to rise and is projected to reach critical levels again. Long-term action is necessary to deliver a sustained reduction to the prison population and support the effective functioning of prisons.

“The proposals include built-in exemptions for those serving sentences for sexual offences or domestic abuse. We need the prison system to focus on those who pose the greatest risk to the public and provide a range of support to help reduce reoffending and integration back into the community.

“I very much recognise the concerns that may arise from victims and their families. The confidence of victims and the safety of communities is vital, and I will engage with victims’ organisations ahead of any changes.”