Early release: What's happening with prisoners in Scotland?

The fury over the potential early release in England of the two teenagers who killed PC Andrew Harper has focused public attention on prison overcrowding in a way that hasn't happened in Scotland.

The Scottish government has ventured into similarly contentious territory as it tries to find a long-term solution to Scotland's record-breaking prison population.

But the absence of such a controversial case has largely kept the story out of the headlines.

The key proposal from the SNP administration is to bring forward the automatic release point for hundreds of people convicted of offences including rape and culpable homicide - Scotland's version of manslaughter.

Even if those plans are implemented, many Scottish criminals will still have to serve a greater proportion of their sentence behind bars than those convicted of the same offence in England and Wales.

That doesn't necessarily mean Scotland is tougher on crime than England and Wales. Down south, prison sentences for the most serious crimes are often longer.

This issue is playing out differently on both sides of the border.

Since 2024, tens of thousands of inmates have been let out early to create more space in England's prisons.

From the start of next month, the Sentencing Act passed by Sir Keir Starmer's government will see some prisoners let out after serving a third of their sentence.

Those who would previously have served two-thirds will instead be released after serving half of their term.

Multiple exemptions have been applied in recent months in response to a backlash from the public and opposition politicians.

These started with the announcement that sentences for rape and child sex offences would not be covered by the change.

In response to the furore over PC Harper's case, Prime Minister Andy Burnham has said anyone convicted of unlawful killing - including all forms of manslaughter - will be excluded from the scheme.

Almost 1,100 short-term prisoners - those serving less than four years - have been freed early to ease the pressure on the system, a policy backed by the Scottish Parliament.

In the summer of 2024, a total of 477 were granted emergency early release. Prisoners convicted of sex offences or domestic abuse were excluded and governors could veto the release of certain prisoners if they had concerns about public safety.

By December that year, 61 had been returned to custody - approximately 13% of the total released.

A second wave between November 2025 and April this year saw the emergency early release of 614 inmates, again with the same exemptions.

Full figures aren't yet available but at least 34 have been returned to custody.

With Holyrood's support, the rules on the automatic release point for short-term prisoners have been changed twice, introducing exemptions for people convicted of sex offences and domestic abuse.

Early last year, the release point was brought forward from 50% of the sentence to 40%, resulting in the immediate release of 312 prisoners.

A further reduction from 40% to 30% saw 240 prisoners freed immediately between May and July this year.

Under the current scheme in Scotland, long-term prisoners - those serving four years or more - become eligible for parole halfway through their prison sentence.

If they don't get parole, they are freed automatically when they have six months left to serve.

The Scottish government wants to change the automatic release point to two-thirds of the sentence.

This would apply to all long-term prisoners, including people convicted of unlawful killing, rape, child abuse, drug trafficking, and attempted murder.

The proposals are complex, but if they were backed by parliament at least 630 prisoners would be freed straight away.

Another proposal would change the designation for short-term prisoners to those serving under five years.

Groups representing victims of crime have called for exemptions for sex offenders and people convicted of domestic abuse.

Excluding those offenders would reduce the impact of the proposed change.

Ministers will have to decide whether to press ahead regardless of the controversy, or scale down what they hope to achieve.

First Minister John Swinney has said some valid points have been made about exemptions, which could signal a possible change of heart from him.

English and Welsh courts imposed Imprisonment for Public Protection (IPP) sentences between 2005 and 2012, on offenders deemed to pose a significant risk of causing serious harm to the public.

Once the minimum jail term which was fixed by the judge had been served, the prisoner could only be released if the parole board decided it was safe to do so.

The government stopped giving new IPP sentences because they caused extreme delays in release.

But many prisoners are still serving them. According to the Ministry of Justice, 2,271 people were serving IPP sentences in June. Of those, 856 have never been released.

Burnham plans to table legislation to terminate IPPs during the current parliament. That would end what is a controversial policy, and free up space in jails in England and Wales.

In Scotland, judges can impose an Order for Lifelong Restriction (OLR), which combines a minimum prison term, release sanctioned by the parole board, and lifelong monitoring in the community.

More than 270 have been imposed since 1999, and a far smaller proportion of prisoners on OLRs have been released compared to IPPs.

Campaigners have claimed that the sentences could amount to inhumane and degrading treatment. .

So far, the Scottish government has shown no signs of wanting to end OLRs.

In Scotland, more than 8,500 prisoners are being held in a system designed for 7,805, placing prison staff and inmates under pressure and reducing time that can be spent on rehabilitation.

An increase in the number and length of long-term sentences is contributing to the problem.

A huge rise in the number of cases being sent to the high court for prosecution is likely to boost the prison population even further.

Two new jails are under construction. The government and prison service are looking at increasing capacity with the use of modular accommodation. An average prison place costs over £50,000 a year.

SNP administrations have been in charge of Scotland's justice system since 2007 and say tackling overcrowding is "of critical importance".

Ministers want the courts to reduce the number of jail terms under two years and make greater use of "robust" community-based sentences.

A consultation process has been completed.

The government is now drawing up its proposals to present to parliament.