Power to release early
283.Under paragraph 25, the Scottish Ministers are given the power to make regulations to release people from prisons and young offenders institutions early. For these purposes, a “
284.Regulations may only be made if the Ministers are satisfied that making them is a necessary and proportionate response to the effects, or anticipated effects, of coronavirus on a prison or on prisons generally. The regulations must be for the purpose of protecting the security and order of the prison concerned or protecting the health, safety and welfare of those accommodated or working in the prison.
285.In addition, there are restrictions upon who can benefit from the regulations. A person may not be released under the regulations more than 180 days earlier than the person would otherwise be due for release. A person is also not to be released under the regulations if the governor of the prison concerned considers the person to pose an immediate risk of harm to another identified person. Further, a person may not be released if the person falls within one of the categories specified in sub-paragraph (5). Those ineligible include:
people who are not serving determinate sentences (for example, a person sentenced to life imprisonment, or where no limit of time has been specified),
people sentenced to an extended sentence for sexual, violent or terrorism offences,
people who have been made subject to a supervised release order in order to protect the public from serious harm upon the person’s release or who are subject to notification requirements under the Sexual Offences Act 2003,
people sentenced for domestic abuse offences, and
people who are in prison for reasons other than having been sentenced, such as those who are awaiting trial or who are being detained ahead of potentially being deported.
286.Regulations under this paragraph may make different provision for different purposes, meaning that the rules can, for example, differentiate between categories of prisoner, types of prison or parts of a prison.
