Parliament approves emergency prisoner release scheme

Release programme includes exclusions and governor vetoes.

The Scottish Parliament has approved plans to release some short-term prisoners early due to rising prison numbers.

Following parliamentary approval of the regulations, this means:

• Short-term prisoners serving sentences under four years and within 180 days of their scheduled release are eligible for emergency release
• Anyone serving a sentence for sexual offences or domestic abuse, and registered sex offenders, is excluded from the release plan
• Prison governors can veto an eligible person’s early release if there is evidence they would pose an immediate risk to specific individuals or groups.

Based on the approved criteria, approximately 440 prisoners could be released in the first three fortnightly tranches over November and December 2025. Around 550 could be released over the remaining four monthly tranches from January to April 2026, with January likely to see the largest release.

These emergency measures are necessary and proportionate to maintain prison security and good order, as well as the safety and welfare of prisoners and staff. Emergency release will reduce the prison population within days, with scheduled releases over six months maintaining this effect.
These regulations include safeguards: statutory exclusions for sex offenders and those serving sentences for domestic abuse, plus additional exclusions for prisoners with unspent domestic abuse convictions or non-harassment orders. In addition, prison governors can veto releases that pose an immediate risk of harm to an identifiable individual or group.

This is not a decision I take lightly, but action is necessary. The Scottish Prison Service’s (SPS) Assessed Capacity Tolerance has been breached repeatedly, with many establishments at red risk status. The SPS risks failing to meet statutory duties and legal obligations. I absolutely recognise that the early release of prisoners can be a cause for concern for victims and I would encourage anyone wishing to do so to join the Victim Notification Scheme or contact the SPS direct.  

We are committed to a sustainable prison population long-term, including opening new prisons in Inverness and Glasgow. We will consider recommendations from the independent Sentencing and Penal Policy Commission, due by end of 2025, to address Scotland’s disproportionately high prison population compared to other European countries while maintaining a safe, rehabilitative environment.

– JUSTICE SECRETARY ANGELA CONSTANCE

Background

Release figures are estimates and may change due to daily prison population changes and governor vetoes. The Scottish Prison Service will publish final numbers.