Release from prison

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

This information applies to Scotland only.

Prisoners serving a fixed-term sentence

A sentence for a fixed length of time is called a 'determinate sentence'.

Short-term sentences of less than 4 years

Prisoners serving a sentence of less than 4 years are usually released automatically and unconditionally after serving half (50%) of their sentence in custody. There are different conditions for sex offenders serving short sentences.

Short-term prisoners serving sentences for sex offences

A prisoner serving a short-term sentence of more than 6 months but less than 4 years for a sex offence that requires registration under the Sexual Offences Act 2003 will be released on licence after serving half (50%) of their sentence. This means they will have to follow certain rules until the end of their sentence and can be returned to prison if they don't follow them.

Short-term prisoners serving sentences for sex offences are not eligible to be released on Home Detention Curfew.

Long-term sentences of 4 years or more

Prisoners serving a sentence of 4 years or more are considered for parole by the Parole Board after serving half (50%) their sentence. If parole is granted, the prisoner will be released on licence. If parole is not granted then the point at which the prisoner is released will depend on the date that they were sentenced:

if the prisoner was sentenced before 1 February 2016 and is not released on parole - they are automatically released on licence after serving two-thirds of their sentence. The prisoner remains on licence and can be returned to prison at any point until the end of their sentence
if the prisoner was sentenced on or after 1 February 2016 and parole is not granted - they are automatically released on licence when they have only 6 months of their sentence left to serve. The prisoner remains on licence and can be returned to prison at any point until the end of their sentence.

Home Detention Curfew

Prisoners serving a sentence of less than 4 years may be released from prison up to 6 months early with an electronic tag. This is known as Home Detention Curfew. Prisoners on Home Detention Curfew will continue to serve their sentence during the curfew and can be returned to prison.

Only low risk prisoners can be released on Home Detention curfew.

A prisoner can be released on Home Detention Curfew to an address in England, Wales or Scotland.

Parole

Prisoners can be released on parole if the Parole Board decides that they will not present an unacceptable risk if released. They have the right to choose not to be considered for parole.

When prisoners are released on parole, the release will be on licence with certain conditions attached to it. If prisoners break any of the conditions they can have parole denied and be returned to prison.

The parole eligibility date is the earliest date that a prisoner could be released on parole. If prisoners have a sentence of more than 4 years they will be told of their parole eligibility date.

If prisoners are refused parole they can be considered for parole again. They may also be given a date on which they will be released on parole.

For details of useful organisations, see information for prisoners and their families.

Life prisoners

The rules for life prisoners are different depending on if the prisoner was sentenced before 8 October 2001 or on or after 8 October 2001.

Sentences passed on or after 8 October 2001

Prisoners who have been sentenced to life imprisonment or detention without limit of time have a punishment part to their sentence set in open court by a sentencing judge. The decision on the punishment part can be appealed. Once the punishment part of the sentence has been served the Parole Board sitting as a tribunal will decide if the prisoner should be released on life licence. See below for information on Release on life licence.

Sentences passed before 8 October 2001

If a sentence was passed before 8 October 2001, existing adult mandatory life prisoners will be given a punishment part to their sentence at a hearing before a High Court judge. The punishment part will be set in open court. Once the punishment part of the sentence has been served the Parole Board sitting as a tribunal will decide if the prisoner should be released on life licence. See below for information on Release on life licence.

Release on life licence

Once the punishment part of the sentence has been served life prisoners can have the grounds of their continued imprisonment or detention reviewed by the Parole Board.

The prisoner has the right to be present at the Parole Board hearing and to be represented.

If the decision of the Parole Board is that the prisoner should not be released on life licence the prisoner has the right to be seen again no more than two years after the decision, but could be seen earlier. There is no right to appeal against the decision of the Parole Board.

There are conditions to the licence. If prisoners break these conditions they can be returned to prison immediately.

If you want more information on release of prisoners, you should contact a specialist adviser.

For details of useful organisations, see Information for prisoners and their families.