The Prisoners (Early Release)(Scotland) Bill

19 November 2024

On 19 November 2024, The Prisoners (Early Release) (Scotland) Bill was introduced. It proposed that short-term prisoners (excluding those sentenced for domestic abuse or sexual offences) and children held in secure accommodation on offence grounds, would be released after serving 40% of their sentence, rather than 50% as at present. It didn’t involve any immediate proposals re amending the point at which long-term prisoner were automatically released as expected, but instead it did include powers for Scottish Ministers to change this at a later date.

In a change from previous emergency release legislation, there is no provision for Governors’ vetoes this time around. The Bill was passed on 26 November 2024 (67 for and 54 against). Royal Assent is awaited, but 260-390 prisoners should now eligible for immediate release with releases having already been scheduled in 3 tranches for : 18 - 20 February 2025; 4 – 6 March 2025; and 18 – 20 March 2025.

During the passage of the Bill, the idea of removing foreign prisoners was mooted. The Scottish Government said that it was a matter for the UK Government, although did say it was “actively engaging” with the Prime Minister on it.