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Prisoners (Control of Release) (Scotland) Act 2015

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1Restriction on automatic early release

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(1)The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

(2)In section 1—

(a)after subsection (1) there is inserted—

(1A)Subsections (2) and (2A) apply as follows—

(a)subsection (2) applies in relation to a long-term prisoner who is serving a sentence imposed before the day on which section 1 of the Prisoners (Control of Release) Scotland Act 2015 comes into force,

(b)subsection (2A) applies in relation to a long-term prisoner who is—

(i)serving a sentence imposed on or after the day on which section 1 of the Prisoners (Control of Release) Scotland Act 2015 comes into force, and

(ii)not subject to an extended sentence within the meaning of section 210A of the 1995 Act.

(1B)For the purpose of subsection (1A), a sentence specified on appeal in substitution for a sentence imposed earlier is to be regarded as imposed when the earlier sentence was imposed.,

(b)after subsection (2) there is inserted—

(2A)As soon as a long-term prisoner has only 6 months of the prisoner’s sentence left to serve, the Scottish Ministers must release the prisoner on licence unless the prisoner has previously been so released in relation to that sentence under any provision of this Act..

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