WIREDGOV

Legislation to help reduce the high prison population has been passed by the Scottish Parliament.

The Prisoners (Early Release) (Scotland) Bill will change the release point for offenders serving 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.

The Bill also includes powers for Ministers to change the point of release under licence conditions for prisoners serving sentences of four years or more. 

Information for victims will continue to be available through the Victim Notification and Victim Information Schemes, and the Scottish Government will continue to work closely with victim support organisations.

The change could be implemented from February 2025 for prisoners already serving short-term sentences, resulting in between 260-390 prisoners being eligible for immediate release. The Scottish Prison Service will manage the initial releases in three tranches over six weeks. The change would also apply to prisoners sentenced from that point on.

Justice Secretary Angela Constance said:

“We have experienced a significant rise in our prison population in recent times. This means that without intervention, there is a risk that prisons will no longer be safe places for the dedicated staff to carry out the important work of rehabilitation to reduce reoffending. That is why this Bill is backed by both the Prison Officers’ Association and the Prison Governors Association.

“The measures in this Bill will bring about a sustained reduction in the prison population as well as relieve some of the acute pressure currently being experienced within our prison estate. 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.

“I am very aware that victims and their families will have concerns and we will continue to work closely with victim support organisations throughout the process.”

Background

Prisoners (Early Release) (Scotland) Bill

Prison population information note