Hundreds of inmates could be freed early under new Scotland prison early release proposals unveiled by the Scottish Government to tackle severe overcrowding across the country’s jails, triggering sharp criticism from opposition parties.
Justice Secretary Angela Constance told the Scottish Parliament that reducing the prison population had become urgent after inmate numbers reached record levels last year, placing intense strain on the prison estate and staff.
Automatic release threshold to be cut
Under the proposals, the automatic release point for certain short-term prisoners would be reduced from 40% of their sentence to 30%. The change would apply to inmates serving sentences of less than four years.
Those convicted of domestic abuse or sexual offences would be excluded from the scheme, with ministers stressing that public safety and victim protection remain central to the policy.
Prison population remains at crisis levels
Scotland has one of the highest incarceration rates in western Europe, a long-standing issue that has prompted repeated emergency interventions in recent years. Despite earlier reforms, the prison population remains high.
Latest figures show 8,301 people currently in custody, down slightly from a peak of 8,430 in October, but officials warned numbers are expected to rise again. Eight prisons are operating at “red risk” status, while a further 15 are close to or exceeding capacity.
Previous early release measures already used
The new proposal follows a series of earlier measures aimed at easing overcrowding. In 2024, the Scottish Government amended the law to cut automatic release for eligible short-term prisoners from 50% to 40% of their sentence.
More recently, an emergency early release programme saw more than 400 prisoners freed. Ministers also point to increased use of community sentencing and efforts to expand prison capacity, though these have failed to bring sustained relief.
Government defends decision as necessary
Constance said the decision had not been taken lightly, emphasising that those who pose the greatest risk to the public would continue to be held in custody.
She told MSPs that Scotland’s reliance on imprisonment remained far higher than comparable countries and that continued overcrowding undermined rehabilitation, staff safety and effective prison management.
The government plans to launch a short public consultation before laying secondary legislation at Holyrood next week. Parliamentary approval will be required for the changes to take effect.
Opposition attacks ‘soft touch’ justice
Opposition parties reacted angrily, accusing the SNP of mismanaging the justice system and weakening public safety. Critics noted that prisoners serving sentences of up to four years can include those convicted of serious assault, drug offences and weapons possession.
Conservatives described the proposals as a “panicked” response to long-term failures, while Labour warned the move would further erode confidence in the justice system and leave communities exposed.
Wider debate over justice policy
The controversy adds to a broader debate over sentencing, rehabilitation and prison reform in Scotland. Independent watchdogs and prison staff unions have repeatedly warned that overcrowding increases violence, disrupts access to education and treatment, and raises the risk of reoffending.
With pressure mounting across the UK prison system, Scotland’s early release plans are likely to face intense scrutiny as ministers attempt to balance public protection with a system operating beyond capacity.