Prison population and penal reform: working towards sustainability

This proposal would change the definition of short-term prisoner (STP) from a person who is sentenced to less than four years to a person who is sentenced to less than five years.

This would more closely align with sentencing powers whereby a sheriff may impose a custodial sentence of up to five years in solemn cases. While there is no international definition of a long-term sentence, according to the Council of Europe the threshold of a long-term sentence is five years or more so this proposed change would bring Scotland in line with that position.

As a result, individuals serving four to five years would be subject to the release arrangements that currently apply to STPs. This would mean that individuals would be relased automatically from custody when they have served either 30% or 50% of their sentence, dependent on offence type. In general, there is no statutory supervision for those released from short-term sentences, unless they are serving a sentence for a sexual offence of six months or more or a court has directed this e.g. via a supervised release order or extended sentence. However, those released from short-term sentences are entitled to request voluntary throughcare support.

This change would reduce pressure in the prison system, freeing up capacity for SPS, justice social work and other partners to focus on the management of individuals who pose the highest risk.

It is proposed that the change would apply retrospectively, meaning it would apply to those currently serving sentences of up to five years and it would apply to those sentenced in the future. For those currently serving a four-to-five-year sentence, the intention is that transitional release arrangements would apply which could include release on licence conditions, including supervision by justice social workers until their sentence end date.

As an illustration, had this change taken effect on 27 February 2026, around 180 people would have been released on non-parole licence immediately. This would have resulted in a sustained reduction in the LTP population of around 6%.

Questions in this section

This section seeks your views on proposed changes to amending the definition of short term prisoners.

You may find it useful to read or refer to section seven of the consultation paper while responding.