The Scottish prison population has been rising rapidly and hit a record high in November 2025.
This is making conditions extremely difficult for all those who live and work in our prisons.
In response to this, MSPs in the Scottish Parliament have voted to approve a programme of Emergency Early Release.
This means that some short-term prisoners (those serving less than four years), who are within 180 days of their liberation date, will be released earlier.
There are a number of exclusions. The following are not included in this programme:
- Life, or order of lifelong restriction prisoners.
- Untried.
- Anyone with a conviction for terrorism.
- Anyone liable to be removed from the UK or subject to extraditions.
- Anyone subject to a supervised release order.
- Registered sex offenders
- Anyone serving extended sentences, or sentences for domestic abuse offences or aggravations.
- Anyone subject to a non-harassment order.
- Anyone who has previously served a custodial sentence following conviction of a domestic abuse offence or aggravation, where the conviction is not spent.
Governors also have the power to veto the release of anyone who poses an immediate risk to an individual or group.
We understand you might have some questions about how this will work. We have produced an information sheet below.