Scotland updates Parole Board rules from 25 March 2026

New rules for parole decisions in Scotland are now set and they’re designed to put safety and clarity front and centre. If you’re learning how the justice system makes risk calls, this guide walks you through what changes on 25 March 2026 and why it matters for victims, families and people in prison. According to Scottish Statutory Instrument 2026/82, published on legislation.gov.uk, Scottish Ministers have amended the Parole Board (Scotland) Rules 2022. The instrument was made on 12 February 2026, laid before the Scottish Parliament on 13 February, and it applies to cases referred to the Parole Board on or after 25 March 2026.

Think of the timeline as three clear steps. The order was made on 12 February 2026, formally presented to Parliament the next day, and it comes into force on 25 March 2026. From that date, any new referral to the Parole Board for Scotland will be handled under the updated rules.

One change is a firm duty on safety. In every case, the panel must consider the likely impact of its decision on the safety and security of any victim and any family member of a victim. That requirement sits alongside the existing matters the panel may consider, such as the nature of the offence, conduct in custody, risk of reoffending, proposed plans on release, and the effect on other people close to the person in prison. The rule also defines “victim” as the person against or in respect of whom the offence was committed, and it confirms the panel is not obliged to seek extra information about victims or their families if it is not already available.

What this means in practice is easy to picture. If a panel is deciding whether to direct release on licence, continue a licence or re‑release after recall, it must stop and ask how this decision could affect the safety of the victim and their family. That can shape licence conditions about where someone can live, whom they can contact, and what supervision is needed to keep risk low.

A few definitions help you read these rules with confidence. A “panel” is the group of Parole Board members deciding the case. “Release on licence” means release into the community under conditions, with the possibility of recall if those conditions are broken. “Remain on licence” refers to keeping someone in the community on the same legal footing rather than recalling them. “Re‑release” covers a fresh release after a recall back to custody. “Victim” has the focused meaning set out in the rule and does not extend to wider community impact.

A second change strengthens how “no body” cases are handled. Where a person is serving a sentence for murder or culpable homicide and the victim’s remains have not been recovered, the panel must consider two linked questions when deciding on release: are there reasonable grounds to believe the person knows how or where the remains were disposed of, and has that information not been disclosed? This duty does not apply to releases made under sections 3A(4) or 17(4) of the 1993 Act, and it is not an automatic bar to release; it is a factor the panel must weigh.

Previously, panels could take non‑disclosure into account; now they must. That shift comes from sections 55 and 56 of the Victims, Witnesses and Justice Reform (Scotland) Act 2025, which inserted new subsections 20(4AA) and 20(4AB) into the 1993 Act. Those provisions commenced on 11 February 2026, so the rule change is the mechanism that puts the law into day‑to‑day effect.

Consider Case A. A prisoner convicted of murder has always denied knowing the location of the victim’s remains. The court record and later enquiries suggest they were present during disposal. Under the new rule, the panel must ask whether there are reasonable grounds to believe the person holds that information and, if so, whether they have refused to disclose it. If both limbs are met, the non‑disclosure becomes a formal part of the release decision, sitting alongside risk assessments and proposed supervision.

Now think of Case B. The person provides a map and a description of a remote site; after a search, only partial items are found and identification is inconclusive. The panel would examine whether the account was honest and practical, whether the disclosure was timely, and what that suggests about risk, remorse and compliance on licence. The key message for learners is that disclosure is assessed in context, not as a simple tick‑box.

For victims and families, the updated rules formalise what many expect from the system: safety first. Panels must consider the likely impact of decisions on you. Importantly, the rule does not force panels to seek new or sensitive information about you; it simply requires them to weigh the safety implications of what they already know or can properly obtain through the case file. If you do choose to share views through existing channels, those can form part of the material the panel reads.

If you are teaching or studying, try reading the operative rules and the explanatory note side by side. Spot how the legal text sets the duty, then see how the note explains why the duty exists. Map the timeline from the 2025 Act through commencement on 11 February 2026 to these rules taking effect on 25 March 2026, and practise writing a short decision that shows how a panel would weigh public protection, rehabilitation and victim safety.

To finish, remember that parole decisions remain multi‑factor judgements. Panels can still look at the circumstances of the offence, behaviour across the sentence, the risk of causing harm if released, the person’s plans for housing, work and support, and how release might affect others, including their own family. The change is that victim and family safety is now a required consideration in every case, and non‑disclosure in “no body” cases must be addressed directly. This explainer is for learning, not legal advice.