Prisoner early release plan approved

Regulations, including safeguards, approved by MSPs

The Scottish Parliament has approved the early release of some short-term prisoners to address the impacts of a recent rapid rise in the prison population.

Under current modelling, based on the criteria set out in the regulations approved by Parliament, around 514 eligible prisoners will be released in four tranches from the 26 June.

Public safety will remain a priority, and underpin all decisions, with safeguards built in. Only prisoners serving less than four years and due to be released within 180 days are eligible for release.

Certain categories of prisoners are automatically excluded and not eligible for early release under the plans; that is any prisoner who: is serving a life sentence, is on the Sex Offenders Register, is subject to a non-harassment order, or who has an unspent conviction for domestic abuse.

As an additional protection, prison governors will have the power to veto the release of any otherwise eligible prisoner, if they deem them an immediate risk to a specific individual or group.

In addition, the regulations ensure that victims will be able to receive information about the release of a prisoner in their case through, or as well as, a named victim support organisation, where the victim has requested it. 

Justice Secretary Angela Constance said: “Immediate and urgent action is needed to deal with the significant recent rise in the prison population. The same challenges in prisons are faced across the UK and the UK Government has taken similar action in England and Wales.

“Through this emergency early release plan, backed by Parliament, we are responding to this critical situation and ensuring the safety and welfare of staff and prisoners.

“Protecting the public remains my absolute priority, which is why there are significant and robust safeguards in place and only those due to be released in the next short while are eligible. Releases will also be completed in tranches so the necessary support can be provided to safely resettle released prisoners in their communities.

“We are working with victims organisations to ensure the right information and support is available where needed. In addition, the existing statutory schemes of information for victims will continue to ensure that victims who wish to receive information about an offender’s release, including emergency early release, can do so.

“This is part of a significant package of measures we are taking in both the short and longer term to deal with the continuing rise in Scotland’s prison population, which remains one of the highest in Western Europe.”

The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024.