Scotland changes early-release rules from 16 Jan 2026

From 16 January 2026, Scotland updates how early‑release is calculated in law. Ministers have made the Management of Offenders (Scotland) Act 2019 and the Prisoners (Early Release) (Scotland) Act 2025 (Consequential Modifications) Regulations 2026. This tidy‑up ensures older provisions in the 1993 Act line up with the newer rules you already see in casework and textbooks on legislation.gov.uk. (legislation.gov.uk)

The 2025 Act changed the default automatic release point for short‑term sentences. For most short‑term prisoners, release now happens at two‑fifths of the sentence. If the case involves a listed sexual offence or a domestic abuse offence, the automatic release point is the halfway mark. These rules sit in section 1 of the 1993 Act as amended, replacing the previous universal halfway rule and keeping release unconditional unless an extended sentence or a supervised release order applies. (legislation.gov.uk)

Let’s fix the vocabulary we use. A short‑term prisoner serves less than four years; long‑term means four years or more. Long‑term release is handled differently, with parole potentially from the halfway point and a duty to release when six months remain for sentences imposed from 1 February 2016. The exact pathway depends on when the sentence was passed, all set out in the Prisoners and Criminal Proceedings (Scotland) Act 1993 on legislation.gov.uk. (legislation.gov.uk)

So what do the January 2026 Regulations actually do? They adjust two back‑up provisions-sections 9B and 9C, “treated as inserted” by the 2007 Act-so any reference to ‘half the sentence’ is replaced with the new legal anchor: the point at which the person is entitled to release under Part 1. They also let Ministers change, by order, the minimum‑served period used for early removal, mirroring the power that already exists for early release on licence. (legislation.gov.uk)

Early release on licence-often called Home Detention Curfew (HDC)-was updated separately in 2025. Since 20 October 2025, HDC cannot be used until at least 15% of the sentence is served, and the window runs up to 210 days before the automatic release point, ending 14 days before that point. You’ll find these changes in section 3AA of the 1993 Act and in the Home Detention Curfew Order on legislation.gov.uk. (legislation.gov.uk)

Try this worked example. A 12‑month sentence for a non‑sexual, non‑domestic abuse offence is short‑term. Automatic release comes at two‑fifths-about 4.8 months. HDC can only be considered after 15%-about 55 days-and must stop 14 days before the automatic release date. In practice, supervised curfew might start from around week eight if risk checks pass, with unconditional automatic release a little under five months in. (legislation.gov.uk)

Change one fact and the sums change. If a 12‑month case includes a domestic abuse offence (or certain listed sexual offences), the automatic release point is halfway-around six months. The HDC threshold still starts after 15% (about 55 days) and ends 14 days before that six‑month mark. The possible HDC period is longer here, but it remains discretionary and risk‑assessed. (legislation.gov.uk)

We’re often asked about people liable to removal from the UK or planning to live abroad. The January 2026 Regulations re‑set the clock for that process: the early‑removal window now counts back from the person’s automatic release date, not the old halfway point. Parliament was clear that this aligns the system with the 2025 Act and avoids mixed calculations across different groups. (legislation.gov.uk)

Here is how to read the three labels you’ll meet in a case file. Automatic release is a legal entitlement at a fixed proportion of the sentence. HDC is a discretionary early release on licence with an electronic curfew, available only after the statutory minimum is served and within the defined window. Early removal is a separate track for those being removed from the UK; it is not HDC and follows its own risk and protection tests. (legislation.gov.uk)

Dates matter because older guides still point to the halfway rule. Section 1 of the 2025 Act came into force on 11 February 2025, the HDC time‑period changes began on 20 October 2025, and the consequential modifications come into force on 16 January 2026. If your calculation ignores those dates, your answer will be wrong. (legislation.gov.uk)

For transparency, the Official Report records ministers explaining why this tidy‑up matters: the instrument aligns early removal with the amended automatic release point and helps avoid parallel, conflicting calculations across the system. If you’re teaching, it’s a helpful primary source to quote in class. (parliament.scot)

To turn this into classroom practice, build sentence calculators using these three pieces: the proportion to serve for automatic release, the 15% HDC threshold, and the rule that HDC ends 14 days before the automatic release date. Then switch the offence to domestic abuse and see how the halfway rule changes the timeline. Working through examples makes the law clear and testable for everyone.