Scotland sets early release for under four-year terms
Scotland has approved emergency rules to bring forward release dates for some prisoners serving under four years. The Early Release of Prisoners (Scotland) Regulations 2025, made on 6 November 2025 and approved by the Scottish Parliament, come into force on 10 November 2025. Ministers say the step is necessary and proportionate in response to an emergency affecting prisons, to protect security, good order, and the health, safety and welfare of people in custody and staff, as stated in the instrument itself (Scottish Statutory Instrument 2025/343).
The regulations apply to all prisons in Scotland and also cover young offenders institutions. In the text, a reference to release under section 1(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 includes its application to young offenders. A hard stop is built in: the latest date anyone can be released under these rules is 30 April 2026.
Who can be considered? You need to meet three conditions together. First, you must be serving a sentence of less than four years and be in custody on a named checkpoint date. Second, you must be due for release under section 1(1) (unconditional) or section 7(1)(a) (conditional) of the 1993 Act. Third, your statutory release date must fall within 180 days of a specific reference date set out for your cohort.
The first cohort is anchored to the date the regulations start. If you were in custody on 20 October 2025 and your statutory release date falls within 180 days after 10 November 2025, you are considered for accelerated release. To manage numbers safely, this cohort is split by how close you already were to release: those due out within 60 days are set for 11–13 November 2025; those at 61–120 days are set for 25–27 November 2025; and those at 121–180 days are set for 9–11 December 2025.
Further cohorts are anchored to later dates. If you were in custody on 15 December 2025 and are due for release within 180 days after 26 January 2026, your window is 27–29 January 2026. If you were in custody on 30 January 2026 and due within 180 days after 23 February 2026, your window is 24–26 February 2026. If you were in custody on 27 February 2026 and due within 180 days after 23 March 2026, your window is 24–26 March 2026. If you were in custody on 27 March 2026 and due within 180 days after 27 April 2026, your window is 28–30 April 2026.
If a person who qualifies is not released on the dates set for their cohort, the regulation requires release as soon as reasonably practicable, but in every case no later than 30 April 2026. That latest release date is fixed in the instrument and cannot be passed under these rules.
There are clear exclusions. People with an unspent conviction for an offence aggravated by domestic abuse recorded under section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 are excluded. People convicted under section 1(1) of the Domestic Abuse (Scotland) Act 2018 with an unspent conviction are also excluded. Anyone subject to a non‑harassment order under section 234A of the Criminal Procedure (Scotland) Act 1995 or sections 8 or 8A of the Protection from Harassment Act 1997 is excluded. Finally, anyone sentenced on or after 28 March 2026 is excluded.
There is one important safety valve. If you are excluded only because of a domestic‑abuse‑related conviction listed above and that conviction becomes spent before 30 April 2026, the regulations say you should then be released as soon as reasonably practicable after it becomes spent, and still no later than 30 April 2026. This does not override exclusions linked to non‑harassment orders or the “sentenced on or after 28 March 2026” rule.
What this means in plain English: this is not a blanket amnesty. It brings forward the release of people who were already within six months of their statutory release date and serving under four years. Many will leave a few weeks to a few months early. Where section 7(1)(a) applies, release will still be on conditions, so supervision in the community continues.
Working out eligibility is a step‑by‑step check. Confirm the sentence is under four years. Confirm the person was in custody on the relevant checkpoint date. Find the statutory release date under the 1993 Act and see whether it falls within 180 days of the cohort’s reference date. Check none of the exclusions apply. If all of that is true, match the person to the correct window above and expect release during those dates.
Key dates at a glance, all taken directly from Scottish Statutory Instrument 2025/343: first cohort windows are 11–13 November 2025, 25–27 November 2025, and 9–11 December 2025; later cohort windows are 27–29 January 2026, 24–26 February 2026, 24–26 March 2026, and 28–30 April 2026. If a scheduled release slips, prisons must release as soon as practicable, and in any event by 30 April 2026.
Why now? The instrument records that Scottish Ministers are satisfied the measures are necessary and proportionate in response to an emergency affecting prisons generally, to protect security and good order or the health, safety and welfare of prisoners and staff. It was signed at St Andrew’s House by Angela Constance on 6 November 2025, after being laid in draft and approved by the Scottish Parliament under section 3D of the 1993 Act.
Glossary for learners and educators, in plain language: the Prisoners and Criminal Proceedings (Scotland) Act 1993 sets the rules on when people are released, including section 1(1) (unconditional release) and section 7(1)(a) (conditional release). A “spent conviction” comes from the Rehabilitation of Offenders Act 1974 and means, after a set time, a conviction is treated as spent for most purposes. The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 creates a domestic abuse aggravation that can be recorded against an offence. The Domestic Abuse (Scotland) Act 2018 creates a standalone domestic abuse offence. Non‑harassment orders are civil protections made under the Criminal Procedure (Scotland) Act 1995 and the Protection from Harassment Act 1997. The Bail and Release from Custody (Scotland) Act 2023 and the Prisoners (Early Release) (Scotland) Act 2025 updated the release framework that these regulations rely on.