Sentencing, Release and Parole (Scotland)

Scotland’s release system works quite differently from England & Wales’s ROTL and release framework – and it changed significantly from 12 May 2026, so it’s worth reading this carefully even if you’ve looked into it before.

Short-term sentences (under 4 years). Most prisoners are released automatically and without conditions after serving 30% of their sentence in custody – this was reduced from 40% by changes that took effect on 12 May 2026. Anyone serving a sentence for domestic abuse or a sexual offence – or an offence with a domestic abuse aggravator – isn’t included in this reduction, and still has the older 50% release point.

Long-term sentences (4 years or more). Long-term prisoners become eligible to be considered for parole at the halfway point of their sentence. If the Parole Board for Scotland doesn’t direct release at that stage, don’t worry – automatic release still follows later, once six months of the sentence remain (for anyone sentenced on or after 1 February 2016; it’s two-thirds of the sentence for those sentenced before that date).

Home Detention Curfew (HDC). Some lower-risk prisoners can serve part of their remaining sentence in the community, under an electronically monitored curfew, rather than in custody. This is Scotland’s closest equivalent to England & Wales’s Release on Temporary Licence (ROTL) system, though the rules and who’s eligible are different. Anyone on HDC can still be recalled to custody if they breach their conditions.

The Parole Board for Scotland. For long-term and life sentence prisoners, it’s the Parole Board for Scotland that decides whether release would pose an unacceptable risk to the public. A prisoner can choose to decline being considered. Anyone released on parole is released on licence, with conditions attached.

Licence and recall. If someone breaks their licence conditions after release, this can mean an immediate return to custody.

England & Wales’s release framework – including ROTL, prison categories, and release fractions – works differently. See our ROTL & Early Release page for that system.