Prisoners serving five-year sentences could be released after 30% of term

Prisoners serving sentences of up to five years in Scotland could be released after serving just 30% of their sentence under new proposals aimed at tackling overcrowding in the country’s prisons.

The Scottish Government has launched an eight-week consultation on a series of sentencing reforms that would redefine what constitutes a short-term prison sentence, increasing the threshold from 12 months to five years. If approved, eligible prisoners would be automatically released after serving 30% of their custodial sentence before spending the remainder on licence in the community.

The proposed changes form part of a wider package of reforms designed to reduce pressure on Scotland’s prison estate, which has faced record inmate numbers in recent months. Ministers say the measures are intended to create a more sustainable prison population while strengthening rehabilitation and reducing reoffending.

Alongside the changes to early release, the consultation proposes extending the presumption against short custodial sentences from 12 months to 24 months, encouraging courts to make greater use of robust community-based alternatives where appropriate. It also seeks views on limiting the use of remand in certain cases.

Justice Secretary Neil Gray said the proposals build on recommendations from the independent Scottish Sentencing and Penal Policy Commission and are intended to balance public protection with effective rehabilitation while easing pressure on prisons.

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However, the proposals have prompted criticism from opposition parties, who argue they risk undermining public confidence in the justice system by allowing offenders to leave prison sooner. Critics have described the plans as overly lenient and questioned whether sufficient safeguards are in place for victims and communities.

The consultation comes after the Scottish Government previously reduced the automatic release point for certain short-term prisoners from 40% to 30% of their sentence. Those changes excluded offenders convicted of domestic abuse or sexual offences, who continue to be subject to different release arrangements.

The consultation will run for eight weeks before the Scottish Government decides whether to bring forward legislation to implement the reforms.