Scotland's emergency early release of 614 prisoners fails to ease overcrowding
More than 600 prisoners were freed early from Scotland's jails under an emergency programme from November to April, but the overall prison population rose to 8,456 by May 1, new data shows. Governors blocked 40% of eligible inmates during three release periods due to high risk. The emergency scheme has ended, but a new law will automatically release short-term prisoners after 30% of their sentence, excluding domestic abuse and sexual offenders.
More than 600 prisoners were released early from Scotland's jails under an emergency programme that ran from November to April, but the overall prison population rose to 8,456 by May 1, new data from the Scottish Prison Service (SPS) shows.
A total of 614 prisoners serving sentences of less than four years were freed in the six months to April 30 under the emergency early release scheme. At the end of October, before the releases began, the total prisoner population stood at 8,394. The figure dropped slightly as releases got under way before steadily rising, surpassing previous record highs.
Jail governors blocked 40% of eligible inmates during three release periods because they were considered too high risk. Between November 11 and December 13, 2025, 286 prisoners were released — 44% of whom had convictions for violent offences — while a further 187 releases were vetoed. The governor veto applied only to the emergency release period, not to statutory automatic release points.
The emergency early release programme has now ended. However, a new law passed by MSPs in March will automatically release short-term prisoners after they have served 30% of their sentence instead of 40%. The law does not apply to prisoners serving sentences for domestic abuse or sexual offences. It will come into force five days after the Holyrood election.
A breakdown of the current prison population shows 1,849 inmates are on remand, including those waiting to be deported. That remand population is equivalent to twice the number of inmates in HMP Edinburgh.
An SPS spokesperson said: "We have been managing an extremely high and complex population for more than two years, which continues to place significant pressure on our staff and those in our care. Since November, we have been delivering a programme of emergency early release in close collaboration with national and community partners, across justice, health, social work, and other sectors. The safety and wellbeing of those who live and work in our establishments, and our wider communities, remains a key focus throughout."