Action to reduce prison population

A new law to bring about an immediate and sustained reduction in the prison population will take effect from 11 February.

The Prisoners (Early Release) (Scotland) Act – passed by the Scottish Parliament in November 2024 - will change the release point for those serving prison sentences of less than four years from 50% of their sentence to 40%.

There will be no change to the release point for prisoners serving sentences for domestic abuse or sexual offences.

It is expected this change will bring about a 5% reduction in the sentenced prison population compared to if no change had been made. At the point of commencement the change will apply to eligible prisoners already serving sentences of less than four years and those sentenced from then on.

This will mean that an estimated 260-390 short-term prisoners who have served 40% of their sentence will be released by the Scottish Prison Service in three tranches over six weeks.

The commencement regulations laid in the Scottish Parliament today, which bring the Act into force, set out this will be done on:

Tranche 1: 18th – 20th February

Tranche 2: 4th – 6th March

Tranche 3: 18th – 20th March

The Bill does not make any changes to the Victim Notification Schemes. Victims who have already signed up to the Victim Notification Scheme (VNS) will be told automatically by the Scottish Prison Service if there is a change to the date of release of the prisoner in their case. Victims who are not signed up to the VNS, can also contact the Scottish Prison Service directly to receive information. Victims will also be able to nominate Victim Support Scotland, Rape Crisis Scotland, ASSIST or Children First to receive information about prisoner release on their behalf.

Justice Secretary Angela Constance said:

“The prison population has significantly grown in recent years and I recognise that the impact is being felt in prisons and across the justice system.

“While not a complete solution, this Act will bring sustained reduction to prisoner numbers so the prison estate can continue to function effectively.

“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. That is why this Act is backed by both the Prison Officers’ Association and the Prison Governors Association.

“I absolutely recognise that the release of prisoners can be distressing for victims of crime and that changing the release point for short-term prisoners has the potential to raise questions and cause concern. That is why we will continue to work closely with victim support organisations to ensure that accessible information is available to victims on the change to the release point for short-term prisoners.”

Background

In November 2024, the Scottish Parliament voted in favour of the Prisoners (Early Release) (Scotland) Act.

The Prisoner (Early Release) (Scotland) Act 2025 (Commencement) Regulations 2025.

Support is available to those being released from prison. All prisoners are entitled to support to help reintegrate with their community and rebuild relationships, including through mentoring and one-to-one support both prior to and post release.

Information of the number of prisoners released at each tranche will be published within two months following the initial release of prisoners including how many victims were notified of release.