Scotland’s Justice Secretary, Angela Constance, has proposed a new early release scheme. Some short-term prisoners would reach automatic release after serving 30 per cent of their sentence. The current point is 40 per cent.
The changes would cover people serving less than four years. They would not apply to anyone convicted of domestic abuse or sexual offences.
The SNP minister set out the proposals in the Scottish Parliament. She said protecting victims and keeping the public safe were the Government’s priorities. She told MSPs she had not taken the decision lightly. Opposition MSPs accused her Government of mismanaging the justice system.
Scotland, like other parts of Britain, has one of the highest incarceration rates in Europe. Ministers have brought in several emergency measures in recent years to reduce the prison population.
Ms Constance told MSPs that the population remained “stubbornly high” at 8,301. That is below the peak of 8,430 in October 2025, but the figure is forecast to rise.
Last year the Scottish Government amended the law on release for all eligible short-term prisoners. It moved their release point from half of their sentence to 40 per cent. A separate programme of emergency early releases freed more than 400 prisoners in recent months.
Ms Constance said eight jails still had red risk status, with 15 close to or over capacity. That was despite those efforts, greater use of alternatives to custody and extra prison capacity.
The Scottish Prison Service said it had managed an “extremely high and complex population” for more than two years. That had put significant pressure on staff and on efforts to reduce reoffending risk, a spokesperson said.
The service welcomed the proposals. Subject to approval, it will work with partners to deliver them, the spokesperson said. It would put first “the safety and wellbeing of those in our care, victims, and the communities we serve”.




