Recent changes to criminal law (Scotland)
Changes to the law that matter to people dealing with the police, the courts or a criminal record in Scotland, newest first. Each entry says whether it is in force, passed but not yet in force, or only proposed.
Updates to this guide
Glossary, family guide and more tools added
A 45-term criminal law glossary, a guide for family and friends when someone is arrested, a guilty plea discount explainer, a going-to-court checklist, and in the app a stop and search checker, a victims and witnesses section and offline access to Emergency Mode.
Guides, offence pages and tools published
13 topic guides (156 questions), 28 offence guides, a spent convictions checker, a penalty points calculator and a step-by-step guide to the criminal process were published, all checked against the law as at 25 September 2026.
Changes in the law
Sex added to hate crime characteristics
Regulations made in 2026 add biological sex as a characteristic for hate crime aggravation and stirring up hatred under the 2021 Act, for offences committed on or after 5 April 2027.
Source: Hate Crime and Public Order (Scotland) Act 2021 (Characteristic of Sex) Regulations 2026
Rape sentencing guidelines
The Scottish Sentencing Council's guidelines on rape and on rape of a young child, approved by the High Court on 20 August 2026, apply to people sentenced on or after 1 September 2026.
Domestic abuse protection notices and orders still awaited
Part 1 of the Domestic Abuse (Protection) (Scotland) Act 2021 (police protection notices and court protection orders) is not yet in force; only the social housing provisions started on 1 August 2026.
Source: Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025
Short-term prisoners released at 30%
Most prisoners serving under 4 years are now released automatically after three-tenths of their sentence instead of two-fifths, with staggered releases in May and June 2026. Sexual and domestic abuse offences remain at 50%.
PVG scheme membership limited to 5 years
PVG scheme membership now lasts 5 years before renewal, replacing lifetime membership, under section 71 of the Disclosure (Scotland) Act 2020.
Source: Disclosure Scotland: Disclosure Act update November 2025
Stronger police custody safeguards for children
Under-18s in police custody can no longer waive the right to have a solicitor present at interview, and police must inform social work about every under-18 in custody. Wider referral of 16 and 17-year-olds to children's hearings is not yet in force.
Source: Children (Care and Justice) (Scotland) Act 2024 (Commencement No. 3) Regulations 2025
Victims, Witnesses, and Justice Reform Act: further commencement
The Victims and Witnesses Commissioner was established on 19 March 2026; new non-harassment order duties (including domestic abuse cases) applied from 1 September 2026; trauma-informed practice and police referral to victim support start on 1 October 2026; victim statements in solemn cases expand on 16 November 2026.
Not proven verdict abolished; two-thirds jury majority
For trials starting on or after 1 January 2026, verdicts are guilty or not guilty only, and a jury needs at least 10 of 15 jurors (8 of 12 if reduced) to convict. Juries remain 15 people. Earlier trials are unaffected.
Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025
From 1 December 2025: permanent virtual attendance and electronic documents, national jurisdiction for sheriff court custody cases (JP courts followed on 26 February 2026), and a higher fiscal fine maximum of £500. Domestic homicide and suicide reviews apply to deaths from 1 April 2026. Digital productions and body-worn video provisions are not yet in force.
Covid-era extensions to solemn time limits ended
Extended time limits for solemn cases expired at the end of 30 November 2025. They still apply to cases where the first petition appearance, or full committal for remand limits, was before that date.
Source: Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Saving Provisions) Regulations 2025
Emergency early release of short-term prisoners (2025-26)
The Early Release of Prisoners (Scotland) Regulations 2025 released eligible short-term prisoners early in tranches from November 2025 to April 2026, excluding domestic abuse cases and people subject to non-harassment orders.
Source: Early Release of Prisoners (Scotland) Regulations 2025
Sexual Offences Court and complainer anonymity (not yet in force)
The 2025 Act creates a national Sexual Offences Court and statutory anonymity for sexual offence complainers, but these parts have not been commenced as at September 2026.
Source: Victims, Witnesses, and Justice Reform (Scotland) Act 2025
New bail test (Bail and Release from Custody (Scotland) Act 2023)
Courts may refuse bail only where necessary for public safety or to prevent significant risk of prejudice to the interests of justice, and can take information from justice social work. Earlier commencements (2024) covered emergency early release powers and credit for electronically monitored bail. Sections on release days, long-term prisoner release and release planning are not yet in force.
Source: Bail and Release from Custody (Scotland) Act 2023 (Commencement No. 2) Regulations 2025
Disclosure (Scotland) Act 2020: Level 1 and Level 2 disclosures
Basic, standard, enhanced and PVG certificates were replaced by Level 1 and Level 2 disclosures, with new rules and review rights for spent and childhood convictions. Most sentences for offences committed under 18 now become spent immediately, and PVG membership became mandatory for regulated roles.
Short-term prisoners released at 40% (Prisoners (Early Release) (Scotland) Act 2025)
Automatic release for most prisoners serving under 4 years moved from 50% to 40% of sentence from 11 February 2025, with release in three tranches. Sexual and domestic abuse offences stayed at 50%.
Source: Prisoners (Early Release) (Scotland) Act 2025 (Commencement) Regulations 2025
No under-18s in young offenders institutions
Under the Children (Care and Justice) (Scotland) Act 2024, children under 18 remanded or sentenced are no longer sent to prison or YOIs but are placed in secure care or other residential accommodation.
Source: Children (Care and Justice) (Scotland) Act 2024 (Commencement No. 1) Regulations 2024
Hate Crime and Public Order (Scotland) Act 2021 in force
The Act commenced on 1 April 2024, consolidating hate crime aggravations and creating new offences of stirring up hatred for characteristics including disability, religion, sexual orientation, transgender identity and age.
Death by driving sentencing guideline in force
The Scottish Sentencing Council's guideline on statutory offences of causing death by driving applies to people sentenced on or after 16 January 2024.