Scottish Government passes motion for prisoner release point

The Scottish Government has passed a motion to reduce the automatic release point for short-term prisoners.

The Parliament agreed that the Prisoners (Early Release) (Miscellaneous Amendment and Transitional Provisions) (Scotland) Regulations 2026 (draft) be approved, which would reduce the release point for certain short-term prisoners’ sentences from 40% to 30%.

Following the Scottish Parliament vote, Justice Secretary Angela Constance said: “Scotland’s prison population is at a critical point, and today’s vote reflects Parliament’s recognition that we must act to ensure our prisons can continue to operate safely and effectively, and deliver important rehabilitative work.

“Moving the automatic release point for certain short-term prisoners from 40% to 30% of their sentence is part of a considered, responsible approach to managing the prison estate sustainably. We estimate it will deliver a sustained reduction of between 239 and 312 in the prison population.

“Public safety remains a priority for this Government. Exclusions for sexual offences and domestic abuse offences remain firmly in place, and victims registered with the Victim Notification Scheme will be informed of relevant releases.”

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.

Ms Constance continued: “This is an immediate measure, but it cannot be the whole answer. Work is already under way in response to the Sentencing and Penal Policy Commission’s recommendations, which highlight the importance of strengthening community-based alternatives to short custodial sentences — reflecting evidence that these can be more effective at reducing reoffending and supporting reintegration.

“Addressing Scotland’s prison population in the long term will require bold, collaborative action to ensure our prisons function effectively and communities remain safe.”