On 16 May 2024, the Cabinet Secretary made a statement to Parliament, advising that as a result of population pressures in the Scottish prison estate and the corresponding 'red' status of a number of prisons, she would be bringing forward regulations to use the emergency release power provided for under section 11 of the Bail and Release from Custody Act 2023. 

The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024 were passed by Parliament and came into force on 13 June 2024. The regulations provide for up to 550 short-term prisoners, due to be released within 180 days of the regulations coming into force, to be considered for emergency release in 4 tranches from 26 June - 25 July 2024.

There are statutory exemptions for certain categories of prisoners, including those serving sentences for sexual or domestic abuse offences. A Governor's veto can also be applied which aims to prevent the release of an otherwise eligible prisoner who is assessed as posing an immediate risk of harm to a specified individual or group of individuals. The regulations also allow for 4 named victim support organisations to be provided with information about the release of a prisoner if a victim intimates that they wish the organisation to receive this and gives their consent. 

The Cabinet Secretary also announced that a short consultation would take place over the summer months to review long-term prisoner release arrangements and that a review of home detention curfew (HDC) eligibility criteria would be undertaken.