Justice Secretary Angela Constance announced the plans today to help deliver a reduction in the prison population, which remains at critical levels despite action already taken by the Scottish government. The changes, if approved, would come into force during May.

The change would not apply to anyone serving sentences for domestic abuse or sexual offences, while those serving long-term sentences of over four years are also excluded from the change.

Following a short consultation with relevant stakeholders, the necessary regulations are expected to be laid at Holyrood next week for MSPs’ approval to allow for scrutiny ahead of the end of this parliamentary term.

Since November 2024, the Scottish government has modified the release point for short-term prisoners from 50 per cent to 40 per cent, created 400 additional prison spaces, increased annual community justice funding including supporting alternatives to custody to £159 million, and implemented emergency early release measures.

Ms Constance said: “Despite the significant steps we have taken, the prison population remains stubbornly high, driven by more convictions for serious crime – and longer average custodial sentences which have increased by 37 per cent over the past decade.

“Further action is necessary to ensure the continued safe running of Scotland’s prisons for those who live and work there. This is not a decision I have taken lightly, and protecting victims and public safety remains an absolute priority. That is why these changes, if agreed by Parliament, would not apply to those serving sentences for domestic abuse or sexual offences.

“While this measure addresses immediate pressures, we must also look to the long term by continuing work in areas such as increasing the use of bail supervision; the roll out of electronically monitored bail across the country; and optimising the use of Home Detention Curfew. The independent Sentencing and Penal Policy Commission will also publish its recommendations shortly, and we will consider them in detail. Scotland, like the rest of the UK, is an outlier in its high prison population and this needs to be addressed.”

Scottish Labour leader Anas Sarwar said: “Prisons are dangerously overcrowded, hundreds of criminals have been set free early and now Angela Constance wants to cut sentences for more dangerous prisoners.

“Violent criminals and drug dealers are set to get an even easier deal under the SNP government’s soft touch justice system.SNP ministers are putting community safety at risk in a desperate bid to mask their own failures.”

Scottish Conservative shadow justice secretary Liam Kerr added: “Reducing short-term sentences to just 30 per cent is a dangerous shortcut that effectively renders sentences meaningless.

“This reckless plan is the direct result of the SNP’s failure to build sufficient prison capacity and the failure of their emergency early-release programme to alleviate that pressure. That’s led to the public being failed and the prison doors being flung open again.

“It’s an insult to victims that prisoners convicted of serious assault, drug offences, and other serious crimes will be out after serving less than a third of their sentence.This is yet another example of the SNP reaching for short-term political solutions instead of fixing decades of mismanagement.

“Angela Constance has misled parliament before and continues to fail as justice secretary.Prisoners should serve their sentences in full, staff deserve safe working conditions, and victims deserve justice.”