MSPs blast plans to reduce release point to 30% for some short-term prisoners

Both Scottish Labour and the Conservatives have criticised a Government plan to consult on further reducing the release point for certain short-term prisoners.

The Scottish Government has announced they will carry out a consultation to change the release point in a statement made by Justice Secretary Angela Constance at the Scottish Parliament on Tuesday.

She is to request that these prisoners will serve 30% of their sentence in custody, instead of 40%.

Four groups of emergency early releases have so far taken place with 415 prisoners released. There are a further three release dates planned until April which should result in a further 100-200 prisoners being freed.

The Scottish prison population reached a record high of 8,431 in November and, as of Tuesday, the prison population was sitting at 8,301 despite the early release scheme.

Ms Constance said: “The emergency release provides only a temporary relief and, therefore, will not reduce population pressures to a safe and sustainable level on its own, and further action is therefore required.

“That is why – alongside our work to prevent crime, expand prison capacity, reduce reoffending, and strengthen alternatives to custody, which I am clear must all continue – I believe that additional changes to the automatic release point for certain short‑term prisoners are now necessary to deliver a further, sustained reduction in the prison population.

“Following careful consideration of the options available to me, I would therefore like to notify the Parliament of my intention to carry out a short consultation with relevant partners on this issue, with the aim of laying secondary legislation next week for Parliament’s approval.”

She continued that the proposed change would deliver a reduction that would be “sustained over time”.

She said: “This consultation will seek views on changing the automatic release point for certain short-term prisoners, so that they serve 30% of their sentence in custody, instead of 40%.

“This would not apply to those serving sentences for domestic abuse and sexual offences. Unlike with emergency early release, this change would deliver a reduction that would be sustained over time.”

Scottish Conservative MSP Liam Kerr was critical of the statement, he said: “The Government’s knee jerk, un-evidenced panic schemes have failed and the Cabinet Secretary has come here today talking at length about her inputs but, in just two paragraphs, we learn the only outputs will be hardened criminals after just 30% of their sentence.

“Has the Cabinet Secretary changed the previous failure of government to keep any formal records of risks, objectives and rationale on prisoners released early?

“And, in previous similar statements, the Cabinet Secretary focused on protections for victims. In this one, she does no such thing. Does not that clearly show where this government’s priorities lie?”

Scottish Labour was also critical of the statement with Labour MSP Pauline McNeill pointing to the change of release date for short-term prisoners in 2024.

Since November 2024, the Scottish Government has taken various measures to reduce prison population including modifying the release point for short-term prisoners from 50% to 40% and implemented emergency early release measures.

Ms McNeill said: “The prison system has been in a permanent state of crisis for some time and is not rhetoric to say so. Every few months we come to the chamber to hear a statement about more offenders being let out early on one scheme or another.

“It was just over a year ago when the Parliament agreed to change the release date for short-term prisoners with 50% to 40%, and today we have been asked to move that further to 30% with only a short time to consult on it.

“Where does this end for victims, who will be alarmed that some offenders will only now 30% of their sentence.”

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.