The automatic release point for certain short term prisoners in Scotland is set to change from 40% to 30% of their sentence, subject to approval by Parliament.
Justice Secretary Angela Constance announced the proposal to MSPs as part of efforts to reduce the prison population, which remains at critical levels despite a series of recent interventions.
If approved, the change would come into force during May.
The revised release point would apply only to some short term prisoners and would exclude anyone serving sentences for domestic abuse or sexual offences.
Prisoners serving long term sentences of more than four years would also be excluded from the change.
The Scottish Government said the move follows a short consultation with relevant stakeholders.
Regulations to implement the change are expected to be laid in Parliament next week, allowing MSPs to scrutinise the proposal before the end of the parliamentary term.
Since November 2024, ministers have already reduced the release point for short term prisoners from 50% to 40%, created 400 additional prison spaces, increased annual community justice funding to £159 million, and introduced emergency early release measures.
The Scottish Government has also committed significant investment to prison infrastructure and alternatives to custody.
Capital funding of £458.5 million has been allocated to the Scottish Prison Service in 2026–27 to complete HMP Highland, progress work on HMP Glasgow, and fund maintenance and improvements across the wider prison estate.
Electronically monitored bail has now been rolled out across every local authority area in Scotland, giving courts greater flexibility to manage individuals in the community.
Justice Secretary Angela Constance said the decision had not been taken lightly.
“Despite the significant steps we have taken, the prison population remains stubbornly high, driven by more convictions for serious crime – and longer average custodial sentences which have increased by 31% over the past decade.
“Further action is necessary to ensure the continued safe running of Scotland’s prisons for those who live and work there.
“This is not a decision I have taken lightly, and protecting victims and public safety remains an absolute priority.
“That is why these changes, if agreed by Parliament, would not apply to those serving sentences for domestic abuse or sexual offences.”
Constance said immediate pressures must be balanced with longer term reform.
“While this measure addresses immediate pressures, we must also look to the long term by continuing work in areas such as increasing the use of bail supervision, the roll out of electronically monitored bail across the country, and optimising the use of Home Detention Curfew.
“The independent Sentencing and Penal Policy Commission will also publish its recommendations shortly, and we will consider them in detail.
“Scotland, like the rest of the UK, is an outlier in its high prison population and this needs to be addressed.”
Victims registered with the Victim Notification Scheme will continue to be informed of relevant prisoner releases.
