“Public safety and the protection of victims remains a priority,” Angela Constance told MSPs this week. That stance is now backed by fresh rules that reshape how parole decisions are made in Scotland. (gov.scot)

From 25 March 2026, every new case referred to the Parole Board for Scotland must factor in the safety and security of victims and their families before any release or licence decision is signed off. Put simply: risk to victims is no longer something that may be considered - it must be. (gov.scot)

The change is written into the Parole Board (Scotland) Amendment Rules 2026 (SSI 2026/82). Panels can still weigh the familiar points - the offence itself, conduct in custody, the person’s plans on release and overall risk - but they now have a clear duty to consider the likely impact of any decision on a victim or a victim’s family. (gov.scot)

There is a second, sensitive shift. In murder or culpable homicide cases where remains have not been found, the Board must also take into account whether there are reasonable grounds to believe the prisoner holds information about the disposal of the victim’s remains - and has not disclosed it. Campaigners often call this a ‘no body, no release’ test, though it does not create an automatic ban on parole. (gov.scot)

These rules implement changes Holyrood made in 2025, when the Victims, Witnesses and Justice Reform (Scotland) Act amended section 20 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 to hard‑wire victims’ safety and non‑disclosure of remains into parole decision‑making. (gov.scot)

The instrument was signed this week and laid before the Scottish Parliament on 13 February, with commencement on 25 March 2026. It applies to cases referred to the Parole Board on or after that date. (infolaw.co.uk)

The direction of travel has been building. When the Government overhauled the Parole Board rules in 2022, it first flagged non‑disclosure of a victim’s body as something panels could consider. The 2026 rules go further by making that consideration mandatory in specific cases. (gov.scot)

For families, two practical points matter. First, the Board remains independent and must weigh overall risk, but it now has to test decisions explicitly against victims’ safety. Second, Ministers say victims registered with the Victim Notification Scheme will be told in advance where a release date changes, with officials stepping up awareness work. (gov.scot)

The shift lands amid wider pressure on Scotland’s prisons, with Ministers balancing overcrowding plans against public confidence. As of October 2025, the Government acknowledged one of the highest recorded populations and moved on emergency early‑release proposals while stressing that victim protection remains central. (gov.scot)

For readers on both sides of the Border - from Berwick‑upon‑Tweed to Carlisle and Dumfries - this matters. Scottish parole decisions can shape exclusion zones and licence conditions that cross into communities where victims live and work. The new tests won’t solve every case, but they set a clearer expectation: victims’ safety must be front and centre each time parole is on the table. (gov.scot)