Nearly 400 prisoners to be released early from next month to ease overcrowding

Nearly 400 prisoners will be released early within the next two months as part of a new law to reduce the inmate population.

The law passed in November 2024 will change the release point for those serving prison sentences of less than four years from 50% to 40%.

The Prisoners (Early Release) (Scotland) Bil, which comes into force on February 11, will not affect those serving sentences for domestic abuse or sexual offences.

The change is expected to reduce the sentenced prison population by 5% and will apply to eligible prisoners already serving sentences of less than four years and those sentenced thereafter.

An estimated 260 to 290 short-term prisoners will be released in three tranches over six weeks between February 18 and March 20.

Justice secretary Angela Constance said: “The prison population has significantly grown in recent years and I recognise that the impact is being felt in prisons and across the justice system.

“While not a complete solution, this Act will bring sustained reduction to prisoner numbers so the prison estate can continue to function effectively.

“We need the prison system to focus on those who pose the greatest risk to the public and provide a range of support to help reduce reoffending and integration back into the community. That is why this Act is backed by both the Prison Officers’ Association and the Prison Governors Association.

“I absolutely recognise that the release of prisoners can be distressing for victims of crime and that changing the release point for short-term prisoners has the potential to raise questions and cause concern.

“That is why we will continue to work closely with victim support organisations to ensure that accessible information is available to victims on the change to the release point for short-term prisoners.”

Victims who have signed up to the Victims Notification Scheme will be told automatically if there is a change to a prisoner’s release date in their case.

Victims who are not signed up to the VNS, can also contact the Scottish Prison Service directly to receive information. Victims will also be able to nominate Victim Support Scotland, Rape Crisis Scotland, ASSIST or Children First to receive information about prisoner release on their behalf.