The automatic release point for certain short-term prisoners will
be changed from 40% to 30% of their sentence, subject to approval
by Parliament.
Justice Secretary announced the plans to
Parliament today to help deliver a sustained reduction in the
prison population, which remains at critical levels despite
significant action already taken by the Scottish Government. The
changes, if approved, would come into force during May.
The change would not apply to anyone serving sentences for
domestic abuse or sexual offences, while those serving long-term
sentences of over four years are also excluded from the change.
Following a short consultation with relevant stakeholders, the
necessary regulations are expected to be laid in Parliament next
week for MSPs' approval to allow for scrutiny ahead of the end of
this parliamentary term.
Since November 2024, the Scottish Government has modified the
release point for short-term prisoners from 50% to 40%, created
400 additional prison spaces, increased annual community justice
funding including supporting alternatives to custody to £159
million, and implemented emergency early release measures.
The Scottish Government continues to invest in prison
infrastructure and alternatives to custody. Capital funding of
£458.5 million has been allocated to the Scottish Prison Service
in 2026-27 to complete HMP Highland and progress HMP Glasgow, as
well as for maintenance and improvements across the wider estate.
Electronically monitored bail has also been rolled out to every
local authority area in Scotland, providing courts with greater
flexibility to manage individuals in the community.
Ms Constance said:
"Despite the significant steps we have taken, the prison
population remains stubbornly high, driven by more convictions
for serious crime – and longer average custodial sentences which
have increased by 31% over the past decade.
“Further action is necessary to ensure the continued safe running
of Scotland's prisons for those who live and work there.
This is not a decision I have taken lightly, and protecting
victims and public safety remains an absolute priority. That is
why these changes, if agreed by Parliament, would not apply to
those serving sentences for domestic abuse or sexual offences.
"While this measure addresses immediate pressures, we must also
look to the long term by continuing work in areas such as
increasing the use of bail supervision; the roll out of
electronically monitored bail across the country; and optimising
the use of Home Detention Curfew. The independent Sentencing and
Penal Policy Commission will also publish its recommendations
shortly, and we will consider them in detail. Scotland, like the
rest of the UK, is an outlier in its high prison population and
this needs to be addressed."
Background
Justice Secretary statement to
Parliament.
Short-term prisoners are those serving sentences of less than
four years.
The regulations (secondary legislation) will be subject to the
affirmative procedure and require parliamentary approval of a
Scottish Statutory Instrument.
Victims registered with the Victim Notification Scheme will be
informed of relevant releases.
Prisoners convicted of sexual offences or domestic abuse offences
are excluded from this change and will continue to serve 50% of
their sentence in custody.
