Unlocking Second Chances: Scotlands Home Detention Curfew Changes Aim to Reduce Prison Population

The Scottish Government is set to roll out changes to the Home Detention Curfew (HDC) system, a move designed to assist the reintegration of individuals serving short-term sentences back into the community. This step, outlined in the Home Detention Curfew (Amendment of Specified Time Periods) (Scotland) Order 2025, is part of a broader strategy to manage the prison population effectively.

What is Changing?

HDC allows eligible prisoners to serve part of their sentence at home, monitored electronically, under strict curfew conditions. The new changes focus on two primary adjustments:

1. Reduced Time Before Eligibility: Previously, individuals had to serve at least 25% of their sentence to qualify for HDC. The new rules lower this threshold to 15%, allowing prisoners to transition to community living sooner, provided they pass a thorough risk assessment.

2. Extended Home Detention Period: The maximum duration for which a person can be on HDC is increasing from 180 days to 210 days. This extension is intended to give eligible individuals more time to adjust to life outside prison walls under supervision.

These changes align with the recent Prisoner (Early Release) (Scotland) Act 2025, which adjusted the automatic release point for short-term prisoners, reducing it from 50% to 40% of their sentence. Without these HDC adjustments, the time available for eligible individuals to be on HDC would be significantly reduced.

Balancing Safety and Reintegration

While the changes aim to reduce the prison population and support individuals in their transition back to society, the safety of the public remains a top priority. The eligibility for HDC is determined through detailed risk assessments involving input from the Scottish Prison Service (SPS), social workers, and Police Scotland. Statutory exclusions remain in place for those serving sentences for serious offences, such as terrorism or sex offences.

Community and Victim Engagement

The Scottish Government has engaged with various stakeholders, including Social Work Scotland, the Risk Management Authority, and Victim Support Organisations, to ensure that these changes are implemented smoothly and that victims' concerns are addressed. The risk assessment process will continue to be robust, ensuring that only suitable candidates are granted HDC.

Looking Ahead

The changes are expected to bring the number of individuals on HDC back to pre-2025 levels, with potential for further increases. This move is part of a broader initiative to shift the balance from custody to community-based solutions, ultimately aiming for a sustainable reduction in prison numbers.

As Scotland takes these steps, it mirrors similar changes made in England and Wales, where the maximum HDC period has been extended to 12 months for certain sentences. This alignment reflects a growing recognition of the benefits of community-based rehabilitation over extended incarceration.

The Home Detention Curfew (Amendment of Specified Time Periods) (Scotland) Order 2025 is a pivotal step in reshaping how justice is administered, providing second chances while maintaining public safety and confidence.