In Scotland, adults who have been found guilty of a crime can receive different types of prison sentences (also known as custodial sentences). These include:

  • Short term - under four years
  • Longer term - four years or more
  • Determinate - a sentence set for a specified period of time
  • Indeterminate - a sentence which has no specified end point, such as a life sentence
  • Extended sentence - combines a period in prison with a further set time of supervision in the community
  • Life sentence – has a minimum ‘punishment part’ that they must spend in prison – some offenders may never be released.
  • Order for Lifelong Restriction (OLR) – similar to a life sentence, where an offender will have a ‘punishment part’ spent in prison, and restrictions placed on them in the community for life.

A full explanation of the different kind of sentences can be found on the Scottish Sentencing Council website: Custodial sentences | Scottish Sentencing Council

Changes to short term sentences

A short-term sentence is a prison sentence of less than four years. 

From May 2026, prisoners serving a short-term sentence will be released after serving 30% of their sentence. This is a permanent change to the point at which prisoners are released in Scotland.

Exceptions to this change include people in prison for domestic abuse or sexual offences, who will be released after serving 50% of their sentence.

This change has been made following new legislation called The Prisoners (Early Release) (Miscellaneous Amendment and Transitional Provisions) (Scotland) Regulations 2026 and will come into force on 12 May 2026.

This change is sometimes referred to as STP30.

As a result of the new legislation, eligible prisoners in Scotland serving a short-term sentence of less than four years will now be released automatically from prison after serving three-tenths (30%) of their prison sentence. 

Further information on eligibility is available on the Scottish Prison Service website:  Change to release point for some short-term prisoners | Scottish Prison Service. 

You may also have heard of Emergency Early Release schemes, where certain prisoners were released after serving 40% of their sentence. This change was used temporarily to reduce overcrowding in prisons, and prison governors could stop (veto) the release of prisoners who they thought posed a risk. Emergency Early Release is no longer active and has been replaced by STP30. 

Other circumstances when a prisoner might be released early

There are many factors that determine when a prisoner will be released. Sometimes, a prisoner might be released before the end of their sentence to serve the rest of it in the community. Time spent in prison while waiting for a trial to begin can also count towards their overall sentence.

Time on remand

This is the time someone spends in prison while waiting for a trial to begin. It can also be referred to as ‘time served’ and be considered as part of the sentence.

Time on remand will be deducted from the time someone is required to be in prison for after they have been sentenced.

For example, if someone spends 6 months in prison on remand before a trial and they are sentenced to less than four years in prison, six months will be deducted from their release date.

Home Detention Curfew

Prisoners can also be eligible for release on Home Detention Curfew (HDC) after serving 15% of their sentence. People released on a HDC licence wear an electronic tag on their ankle which is linked to monitoring equipment installed at their registered address.  

Offenders sentenced to less than 4 years can be considered for release on Home Detention Curfew between 14 days and 210 days before the date they would normally have been released from prison.


Accessing information about the release of a prisoner

Victim Support Scotland can help access this information on your behalf.

If you would like to know more about the release of a prisoner in your case, where you are the victim, you have the right to know certain information about their release. The main way to do this is by signing up to the Victim Notification Scheme (VNS), which is run by the Scottish Prison Service.

Depending on how long the offender has been sentenced to, you can access different information:

  • Where the offender is serving less than 18 months you will be able to register on the Victim Information Scheme (VIS)
  • Where the offender is sentenced to 18 months or more, you will be able to register on the full Victim Notification Scheme (VNS)

The VNS is an opt-in scheme, meaning you must sign up to it – you will not be automatically registered.

Alternatively, you can contact the Scottish Prison Service to join the scheme. Visit this page to find out how to apply: Victim Notification Scheme | Scottish Prison Service

Advice, guidance, and support

If you are struggling with the impact of a crime, or finding it difficult to understand sentencing decisions, you are not alone.

The criminal justice system is complex, and Victim Support Scotland is here to provide emotional support, practical advice and guidance and financial help.

Our support is free, independent and confidential. We can help guide you through the court process, including court familiarisation visits and accompanying you to give evidence.

You can get in touch through our helpline, web chat, or you can fill out a form:

Helpline: 0800 160 1985

Web chat: Can be accessed via the pop-up box at bottom of our website

Form: Request Support | Victim Support Scotland