Scottish Ministers have made the Early Release of Prisoners (Scotland) Regulations 2025 under section 3C of the Prisoners and Criminal Proceedings (Scotland) Act 1993, following approval under section 3D. The instrument was made on 6 November 2025 and comes into force on 10 November 2025. Ministers state the measure is necessary and proportionate in response to an emergency affecting prisons, to protect security, good order, and the health, safety and welfare of prisoners and staff.
The Regulations apply to all prisons in Scotland, including young offenders institutions. A latest release date of 30 April 2026 is set; no release can take place under this scheme after that date. References to release under section 1(1) of the 1993 Act include young offenders via section 6(1)(a).
Eligibility is confined to people serving a sentence of imprisonment or detention of less than four years on specified snapshot dates, and who are due to be released under sections 1(1) or 7(1)(a) of the 1993 Act within 180 days of the relevant anchor date. The policy does not create new release rights; it brings forward release for those already nearing their statutory release point.
For those serving a qualifying sentence on 20 October 2025 and due for release within 180 days of 10 November 2025, release is staged in three tranches. Individuals due within 60 days are released between 11 and 13 November 2025. Those due in more than 60 but within 120 days are released between 25 and 27 November 2025. Those due in more than 120 but within 180 days are released between 9 and 11 December 2025.
Subsequent cohorts follow the same 180‑day test tied to later anchor dates. Those serving on 15 December 2025 and due within 180 days of 26 January 2026 are released between 27 and 29 January 2026. Those serving on 30 January 2026 and due within 180 days of 23 February 2026 are released between 24 and 26 February 2026. Those serving on 27 February 2026 and due within 180 days of 23 March 2026 are released between 24 and 26 March 2026. Those serving on 27 March 2026 and due within 180 days of 27 April 2026 are released between 28 and 30 April 2026.
Exclusions are set out in regulation 2(8). A person is not eligible if they have served a sentence for an offence aggravated by domestic abuse under section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 and the conviction is not yet spent under the Rehabilitation of Offenders Act 1974 when the early release would otherwise occur. The same exclusion applies to a conviction under section 1(1) of the Domestic Abuse (Scotland) Act 2018 that is not yet spent.
Individuals who are subject to a non‑harassment order under section 234A of the Criminal Procedure (Scotland) Act 1995 or under sections 8 or 8A of the Protection from Harassment Act 1997 are also excluded from early release. In addition, anyone sentenced to imprisonment or detention on or after 28 March 2026 is excluded, even if they would otherwise meet the snapshot and 180‑day criteria.
Regulation 4 provides a limited route back to eligibility for those excluded solely due to an unspent domestic abuse‑related conviction. If that conviction becomes spent before 30 April 2026, the person must then be released as soon as reasonably practicable after the conviction becomes spent, and in any event by the latest release date.
Operational flexibility is built in. Where a person who is due to be released during a specified window is not released on those dates, regulation 3(13) requires release as soon as reasonably practicable, subject to the fixed cut‑off of 30 April 2026. This ensures delayed cases are not left without a remedy.
For prison governors and justice partners, the scheme requires casework to be organised around the snapshot dates and release windows, with checks against the domestic abuse and non‑harassment exclusions and verification of spent‑conviction status under the 1974 Act. Young offenders institutions are in scope, and the scheme does not extend to sentences of four years or more, nor to sentences imposed on or after 28 March 2026.