Prison emergency early release: information and support for victims

The Scottish Government has announced that it will ask the Scottish Parliament to agree to an emergency early release process to support an immediate reduction in the prison population. This means some short term prisoners (serving under four years) due to be released within six months could be released earlier than their current release date. This will be between November 2025 to April 2026.

This is done through secondary legislation, which means regulations are put before Parliament and subject to a vote.

If Parliament agrees, you may have questions about how this works.

Here is some information about that process.

The need for emergency release

Scotland is not alone in the UK in facing challenges with a high prison population. Despite the continuing action taken the recent rise in the prison population is placing extreme pressure on the prison estate.  

Whilst there is no single reason for the increases, there has been a significant rise in long term prisoners, and an increase in length in sentencing - between 2013 to 2014 and 2022 to 2023, the average length of a custodial sentence increased by 31%. And whilst there has been a longer-term trend away from shorter sentences, these still make up a notable proportion of the sentences given. This has all contributed to the critically high prison population that needs to be reduced. 

Emergency early release is deemed necessary to ensure the prison service can maintain the security and good order of prisons and the health, safety and welfare of prisoners and those working in prisons, including healthcare, social work and other public and third sector services.

Eligibility for early release and safeguards in place

Only short-term prisoners (those serving sentences of less than four years) who are within 180 days of their original release date will be eligible for consideration for release.

Prisoners convicted of sex offences, domestic abuse offences or who have unspent convictions for domestic abuse, or if a non-harassment order is in place will not be released.

Others who will not be released include:

• life sentenced prisoners (including Order of Lifelong Restriction)
• remand prisoners
• terrorist prisoners
• prisoners serving extended sentences
• prisoners subject to supervised release orders
• prisoners liable for removal from the UK or subject to extradition and anyone sentenced on or after 28 March 2026

Additional safeguards

In addition, a governor veto process will also apply which allows a prison Governor-in-Charge or Deputy Governor to stop the release of an eligible prisoner if they consider they would pose an immediate risk of harm to a specific individual or group of individuals if released.

Timing of emergency release

The early release process would take place from November 2025 to April 2026. Releases would be from all prisons where eligible prisoners are held. The locations of prisons are available. 

There are seven points of release (called tranches), this is to make sure that not all prisoners are released at once.

The first three fortnightly tranches will take place over November and December 2025, followed by four monthly tranches from January to April 2026.

This approach will ensure pre-release planning between the Scottish Prison Service and community partners can take place, allow for people registered with the Victim Notification Scheme to be notified of a change to an prisoner’s release date and help to provide greater certainty for those who are eligible to be released.

Support is also available where someone is not registered with the Victim Notification Scheme- more information on this can be found below.

Number of people estimated for release

In the first three fortnightly tranches over November and December 2025, approximately 440 prisoners could be released.  Around 550 could be released over the remaining four monthly tranches from January to April 2026, with the January release likely to be larger than the others.

However, these are estimates only as the overall number is subject to change due to daily changes in the prison population and will depend on how many individuals are vetoed by Prison Governors. The Scottish Prison Service (SPS) will publish all final release information.

Finding prisoner release dates through Victim Notification Scheme

If you are registered on either of the Victim Notification Schemes, you do not need to do anything, and you will automatically be notified by the Scottish Prison Service (SPS) in advance of the prisoner’s release from custody.

Where a telephone number is held for you, the SPS will contact you by telephone to advise you of this information. If they are unable to reach you by telephone and hold an address for you, they will send you a letter providing the new release date.

As this is an emergency process, the notification for release is likely to occur close to the release of the prisoner, however it will be ahead of their release from custody. It could be a few days before their release.

Finding prisoner release dates without Victim Notification Scheme registration 

If you are not registered, you can still request the prisoner’s release date by contacting SPS’ VNS Team either by telephone on 0131 330 3664 (Mon-Fri, 8am-3pm) or email SPSVictimNotificationScheme@prisons.gov.scot. Please include your contact telephone number within the email.

The SPS VNS Team will then carry out the necessary eligibility checks to confirm that you are eligible to receive the information. If you are eligible, the team will contact you by telephone to advise if the prisoner’s release date has been changed.

If the prisoner has not yet been considered for emergency early release, your details will be held by SPS until April 2026, and you will be notified should the release date of the prisoner change during the period of emergency early release.

How Victim Support Organisations (VSOs) can get release date information for you

You can ask Victim Support Scotland or Children First to find out a prisoner’s release date on your behalf using the contact details for the SPS VNS team provided above.

The SPS VNS Team will then carry out the necessary eligibility checks to confirm that you are eligible to receive the information. If you are eligible, the VSO will be able to inform you if the prisoner’s release date has been changed.

If the prisoner has not yet been considered for emergency early release, the VSO’s details will be held by SPS until April 2026, and they will be notified should the release date of the prisoner change during the period of emergency early release. This notification will take place ahead of their release from prison custody.

How to access support

You can speak to SPS’ VNS team about any concerns you have around release of prisoners or contact a VSO if you would like some support. You can do this even if the prisoner in your case is not being released, or if you have not asked to be told the date of release.

If you have asked a VSO to receive information about an individual’s release on your behalf, you can ask that same VSO for support if you like.

You can find out more about some VSOs on their websites below:

• Victim Support Scotland
• ASSIST
• Rape Crisis Scotland
• Children First
• Scottish Women's Aid