
1 

(1) These Regulations may be cited as the Early Release of Prisoners (Scotland) Regulations 2025 and come into force on 10 November 2025.
(2) These Regulations apply to all prisons in Scotland.
(3) In these Regulations, any reference to a person being released under section 1(1) of the 1993 Act includes a person who is being released under that section as applied by section 6(1)(a)(iii) of that Act.
(4) In these Regulations—
 “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993,
 “the latest release date” means 30 April 2026.
2 

(1) A person who falls within the description of persons specified in paragraph (2) is to be released early from prison in accordance with regulation 3.
(2) The class of persons to be released early are any person who—
(a) falls within paragraphs (3) to (7), and
(b) does not fall within paragraph (8).
(3) A person falls within this paragraph if—
(a) the person is serving a sentence of imprisonment or detention on 20 October 2025,
(b) the sentence is for a period of less than four years, and
(c) the person is due to be released under sections 1(1) or 7(1)(a) of the 1993 Act within the 180 days following the date on which these Regulations come into force.
(4) A person falls within this paragraph if—
(a) the person is serving a sentence of imprisonment or detention on 15 December 2025,
(b) the sentence is for a period of less than four years, and
(c) the person is due to be released under sections 1(1) or 7(1)(a) of the 1993 Act within the 180 days following 26 January 2026.
(5) A person falls within this paragraph if—
(a) the person is serving a sentence of imprisonment or detention on 30 January 2026,
(b) the sentence is for a period of less than four years, and
(c) the person is due to be released under sections 1(1) or 7(1)(a) of the 1993 Act within the 180 days following 23 February 2026.
(6) A person falls within this paragraph if—
(a) the person is serving a sentence of imprisonment or detention on 27 February 2026,
(b) the sentence is for a period of less than four years, and
(c) the person is due to be released under sections 1(1) or 7(1)(a) of the 1993 Act within the 180 days following 23 March 2026.
(7) A person falls within this paragraph if—
(a) the person is serving a sentence of imprisonment or detention on 27 March 2026,
(b) the sentence is for a period of less than four years, and
(c) the person is due to be released under sections 1(1) or 7(1)(a) of the 1993 Act within the 180 days following 27 April 2026.
(8) A person falls within this paragraph if—
(a) subject to regulation 4, the person has served a sentence of imprisonment or detention for an offence that was aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, which was recorded as such under section 1(5)(b) of that Act and the conviction for which is not spent for the purposes of the Rehabilitation of Offenders Act 1974 on the date they would otherwise be released in accordance with regulation 3(6) to (12),
(b) subject to regulation 4, the person has served a sentence of imprisonment or detention for an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018 and the conviction for which is not spent for the purposes of the Rehabilitation of Offenders Act 1974 on the date they would otherwise be released in accordance with regulation 3(6) to (12),
(c) the person is the subject of a non-harassment order imposed under section 234A of the Criminal Procedure (Scotland) Act 1995 or section 8 or 8A of the Protection from Harassment Act 1997, and
(d) the person has been sentenced to a term of imprisonment or detention on or after 28 March 2026.
3 

(1) A person who is to be released in accordance with regulation 2 because they fall within paragraph (3) but not paragraph (8) of that regulation, must be released in accordance with paragraphs (6) to (8) of this regulation.
(2) A person who is to be released in accordance with regulation 2 because they fall within paragraph (4) but not paragraph (8) of that regulation, must be released in accordance with paragraph (9) of this regulation.
(3) A person who is to be released in accordance with regulation 2 because they fall within paragraph (5) but not paragraph (8) of that regulation, must be released in accordance with paragraph (10) of this regulation.
(4) A person who is to be released in accordance with regulation 2 because they fall within paragraph (6) but not paragraph (8) of that regulation, must be released in accordance with paragraph (11) of this regulation.
(5) A person who is to be released in accordance with regulation 2 because they fall within paragraph (7) but not paragraph (8) of that regulation, must be released in accordance with paragraph (12) of this regulation.
(6) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act within the 60 days following the date on which these Regulations come into force, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 11 November 2025, and
(b) no later than 13 November 2025.
(7) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act more than 60 days but within the 120 days following the date on which these Regulations come into force, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 25 November 2025, and
(b) no later than 27 November 2025.
(8) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act more than 120 days but within the 180 days following the date on which these Regulations come into force, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 9 December 2025, and
(b) no later than 11 December 2025.
(9) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act within the 180 days following 26 January 2026, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 27 January 2026, and
(b) no later than 29 January 2026.
(10) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act within the 180 days following 23 February 2026, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 24 February 2026, and
(b) no later than 26 February 2026.
(11) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act within the 180 days following 23 March 2026, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 24 March 2026, and
(b) no later than 26 March 2026.
(12) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act within the 180 days following 27 April 2026, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 28 April 2026, and
(b) no later than 30 April 2026.
(13) Where a person is to be released in accordance with paragraphs (6) to (11) but their release does not take place on the dates specified in those paragraphs, that person is to be released as soon as reasonably practicable, but no later than the latest release date.
4 

(1) Paragraph (2) applies to a person who is not to be released in accordance with regulation 3 on the basis that they fall within regulation 2(8)(a) or (b).
(2) Where that person’s conviction for an offence described in regulation 2(8)(a) or (b) becomes spent before the latest release date, that person is to be released as soon as reasonably practicable on or after the date on which the offence became spent, but no later than the latest release date.
ANGELA CONSTANCE
A member of the Scottish Government
St Andrew's House,
Edinburgh
6th November 2025