Legislation to come into force.
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 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.
