The Prisoners Control of Release (Scotland) Act 2015 – Section 2 - provides the Scottish Prison Service (SPS), on behalf of Scottish Ministers, with the discretion to release an individual up to two days before their earliest date of liberation (EDL), for the purposes of benefiting a prisoner’s reintegration into the community.
This is a flexible option that is available for use throughout the year and will work alongside part 2, section 8 the Bail and Release from Custody ( Scotland) Act 2023 – Prisoners not to be released on certain days of the week. This process supports early release, providing there is clear evidence that this will improve access to services, or remove barriers on the day of liberation.
A request for flexible release can be made by convicted individuals who are serving sentences of 15 days or more, by approved partners, (e.g. Local Authorities, Third Sector service providers) and SPS staff (e.g. Personal Officers and Link Centre staff) via the Flexible Release Request Form below.
Requests can be made:
• During the 6 weeks prior to EDL (the earlier the request the better); and
• Under exceptional circumstances the application could be submitted no later than 8 days prior to the EDL. An application may be reviewed within this period, for example, due to the length of sentence or last-minute changes to circumstances.
Once complete, request forms should be submitted to the establishment where the individual currently resides. Please find the dedicated flexible release mailboxes here: