Written Question · S6W-42371 · Session 6
Further to the answer to question S6W-41729 by Angela Constance on 18 November 2025, how many prisoners mistakenly released from Scotland's…
The question
To ask the Scottish Government, further to the answer to question S6W-41729 by Angela Constance on 18 November 2025, how many prisoners mistakenly released from Scotland's prisons have not been returned to prison, in each of the last five years, including 2025-26 to date.
The answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows: A range of checks are carried out before the release of a prisoner is authorised including but not limited to, an identity check of the person, confirmation of liberation date and a check for any known outstanding warrants. A liberation in error occurs when an individual is released from a Scottish Prison Service establishment without lawful authority. This situation typically arises due to an administrative or procedural mistake, such as incorrect interpretation of documentation, miscalculation of sentence dates or incorrect data sharing from other partners. When such an error is identified, the Scottish Prison Service works in partnership with Police Scotland and the Scottish Courts and Tribunals Service to ensure the individual is returned to custody as soon as possible. Once notified, it is the responsibility of Police Scotland to execute any live warrants. The following table provides the numbers of total liberations, liberations in error and those still not returned to custody since 2021-2022, up to and including 5 December 2025. Year Total Annual Liberations Recorded Liberations in Error* Liberations in Error as a percentage Liberations in Error not returned to custody** Reason for Non Return 2021-22 13934 5 0.04% 0 2022-23 14769 8 0.05% 0 2023-24 15732 7 0.04% 1 Appeal Granted 2024-25 16387 9 0.05% 4 1 x Release by Home Office2x Bail Granted1 x Original Warrant Superseded 2025-26** 10751 5 0.05% 0 TOTAL 71573 34 0.05% 5 As you can see from the above table, over the period 2021 to 5 December 2025 there are a total of five individuals who have been liberated in error from prisons who have not returned to prison custody. The reasons for these non-returns are outlined below: Date Establishment No Return Reason 2 May 2023 Perth Appeal Granted 2 July 2024 Polmont Released by Home Office 5 July 2024 Barlinnie No Record of Return.The original warrant has been superseded by the issue of a new apprehension warrant 3 October 2024 Barlinnie Bail 7 March 2025 Barlinnie Bail *All liberations in error are subject to review by the Warrants Administration Group (WAG), at which point the data may change depending on the outcome of the review. **The figures provided are up to 5 December 2025. These figures also include individuals who have not been required to return to prison due to other factors such as Bail, Court Appeals, Deportation
In the Official Report
No contribution in the Official Report cites S6W-42371 by reference.