Short-term prisoners due for release within the next six months
are to be released early under emergency proposals to tackle
prison overcrowding, with stringent safeguards to protect public
safety, if Parliament agrees.
The prison population has surged by more than 200 in the past
three months and now stands at 8,363, one of the highest levels
ever recorded. Following significant measures over the past two
years to address unprecedented rises in prisoner numbers, Justice
Secretary Angela Constance told MSPs further action is needed to
ensure the sustained, safe and effective operation of prisons.
Subject to Parliament's approval, this would mean:
- Short-term prisoners serving under four years and within 180
days of their scheduled release eligible for emergency release.
- Anyone serving a sentence for sexual offences or domestic
abuse, and any registered sex offenders, excluded from the
release plan.
- Prison governors given a veto on an eligible person's release
if they believe they pose an immediate risk to specific
individuals or groups.
It is estimated that in the region of 440 prisoners could be
released during the initial tranches in November and December.
Justice Secretary Angela Constance said:
"This is not an action I propose lightly. I am grateful to prison
staff working tirelessly in difficult circumstances and want to
ensure they and those who live in prisons are kept safe, so
immediate action is now necessary.
"There will be strict safeguards in place to protect public
safety, which is my paramount concern. The release will only
apply to those serving short sentences under four years and due
to be released within the next six months and will exclude those
serving sentences for sexual offences or domestic abuse. There
will also be a governor veto where they consider that a prisoner
poses an immediate risk of harm to specific individuals or
groups.
"I absolutely recognise that the early release of prisoners can
be a cause for concern for victims. We will engage with victim
support organisations to ensure that information on the change in
release date is available to them.
"Scotland is not alone in the UK in having to deal with a high
prison population, despite the continuing action we are taking to
deal with an unprecedented rise in numbers. While there is no
single reason, there has been a significant rise in long-term
prisoners, continuing high numbers of sentences of under a year
despite the presumption against, and an increase in sentence
length. This has led to an increase in numbers that needs to be
alleviated."
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 or nominate Victim Support Scotland, Rape Crisis
Scotland, ASSIST or Children First to receive information about
prisoner release on their behalf.
Wider measures to deal with the rising prison population that
continue to be taken include maximising capacity of the prison
estate, some short-term prisoners being eligible for release when
they reach 40% of sentence served and optimising the use of Home
Detention Curfew. In the longer term, an independent Sentencing
and Penal Policy Commission is considering how imprisonment and
community-based interventions are used, which will help inform
further measures in order to establish a sustainable prison
population.
Background
Cabinet Secretary Angela
Constance statement to Scottish Parliament
Prison Population: Information
Note – October 2025
Emergency Early Release –
Information and support for victims
The Scottish Government has invested a further £25m in community
justice over the past two years, bringing the total annual budget
to £159m in 2025-26 to increase the availability of alternatives
to custody.
The Government's funding for the Scottish Prison Service rose 10%
in 2025-26. Capacity is expanding through new prisons in
Inverness and Glasgow.
