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Chamber and committees

Question reference: S6W-43452

  • Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
  • Date lodged: 29 January 2026
  • Current status: Answered by Angela Constance on 11 February 2026

Question

To ask the Scottish Government how many people have been recalled to prison in each month since January 2024, also broken down by how many (a) had originally been released under any early, accelerated or emergency release arrangements and (b) were recalled due to (i) a breach or non-compliance with licence conditions and (ii) alleged further offending, broken down by alleged offence.


Answer

There are different types of licences which, where relevant, set specific conditions for individuals when they are released from custody into the community.

The type of licence depends on the type of sentence and includes parole licence, non-parole licence and Home Detention Curfew.

When an individual is released on licence, they may be recalled to custody because they have breached one or more conditions and/or recall is deemed necessary in the public interest e.g. due to an increased risk to public safety.

Parole and Non-Parole Licence

Individuals who are serving long term sentences, or extended sentences, of four years or more can be released on parole licence if the independent Parole Board for Scotland recommends their release. If they are not released on parole licence, they will be released on non-parole licence six months prior to their sentence end date, or for those on extended sentences at their sentence expiry date.

Individuals who are serving an Order for Lifelong Restriction or a life sentence can only be released on parole licence if the Parole Board for Scotland recommends release. They would be subject to lifelong supervision ton licence.

The latest data on the number of people recalled to custody from parole and
non-parole licence between January 2024 and December 2025 is outlined in the following tables.

In cases where recall was due to further offending it is not possible to provide a breakdown by offence type.

Table 1: Number of individuals recalled from parole and non-parole licence from Jan – Dec 2024

Month

Number of Recalls

Those recalled due to alleged offence*

January

19

7

February

31

9

March

22

6

April

21

11

May

24

8

June

24

9

July

23

11

August

18

6

September

23

11

October

27

13

November

25

11

December

25

5

Total

282

107

* Those recalled due to alleged offending includes individuals who are accused of a new offence which will be reported to the Crown Office and Procurator Fiscal for a decision on whether to prosecute.

Table 2: Number of individuals recalled from parole and non-parole licence from Jan – Dec 2025

Month

Number of Recalls

Those recalled due to alleged offence*

January

26

9

February

25

7

March

22

11

April

23

11

May

20

3

June

30

9

July

20

10

August

25

16

September

29

13

October

19

5

November

19

9

December

24

6

Totals

282

109

Home Detention Curfew

The majority of individuals release on HDC are serving short term sentences of less than four years. Where an individual fails to comply with the licence conditions applied to their release under HDC, the Scottish Prison Service will decide whether it is necessary under to recall that individual to custody to complete the remainder of their sentence in custody, until their original scheduled release date.

Table 3: Number of individuals recalled from HDC from Jan – Dec 2024

Month

HDC recall

January

2

February

0

March

3

April

1

May

2

June

1

July

3

August

3

September

7

October

7

November

12

December

9

2024 total

49*

*SPS note they have been unable to identify the (+1) discrepancy in the total number of recalls for 2024.

A total of 449 individuals were released on HDC between January and December 2024

Table 4: Number of individuals recalled on HDC from Jan – Dec 2025

Month

HDC recalls

January

6

February

7

March

5

April

6

May

2

June

10

July

5

August

10

September

7

October

2

November

8

December

7

2025 total

75

A total of 557 individuals were released on HDC between January and December 2025.

Emergency Early Release and changes to release point for short-term prisoners

Individuals serving long-term sentences were not eligible for release under emergency early release. In addition, those who had already been granted HDC were not considered for the emergency early release processes in 2024 or 2025.