The Scottish prison population has continued to rise rapidly, reaching a new record high in March 2026. In response to this, the Scottish Government have voted to change the point of release for some Short-Term Prisoners. They will now be released at the 30% point of their sentence, instead of at the 40% point.
However, it will not apply to short-term prisoners currently serving sentences:
- Where a statutory aggravation as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 has been
attached to an offence; - Under section 1(1) of the Domestic Abuse (Scotland) Act 2018; or
- For offences listed in paragraphs 36 to 60 of schedule 3 of the Sexual
Offences Act 2003.
Individuals who fall into the above categories, will continue to be released after serving 50% of their sentence.
The change in law applies retrospectively meaning it will apply to those currently serving short-term sentences.
We understand families will want to know if their loved one is affected. We have prepared a Family Information Sheet below which we hope will answer any questions you might have.