Bail and Release from Custody (Scotland) Act 2023

Section 8—Prisoners not to be released on certain days of the week

35. Section 8 amends section 27 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) by amending subsection (7) and inserting new subsections (7A) and (7B) after subsection (7).

36. Section 27(7) of the 1993 Act prevents the release of prisoners on certain days. Section 8 of the Act expands on that by adding Fridays and the day before public holidays to the list of days on which prisoners are not to be released. These days, which are referred to as “excepted days”, are a Friday, Saturday, Sunday, public holiday and the day before a public holiday. If a prisoner would have been released on any of the excepted days, they are instead to be released on the last preceding day which is a suitable release day. A suitable release day is a day which is not an excepted day (so a day which is not a Friday, Saturday, Sunday, public holiday or the day before a public holiday).

37. Section 8 of the Act also provides that a prisoner is not to be released on a Thursday unless they fall to be released on a Thursday only because they were due to be released on an excepted day and a Thursday is the last preceding day which is a suitable release day. In any other case, a prisoner who is due to be released on a Thursday is instead to be released on the last preceding day which is not an excepted day or a Thursday (normally the immediately preceding Wednesday).

38. Examples of how this may work in practice are set out below:

• Prisoner A is due to be released on a Friday – their release date is automatically moved to the preceding Thursday (release date brought forward by 1 day)

• Prisoner B is due to be released on a Saturday – their release date is automatically moved to the preceding Thursday (release date brought forward by 2 days)

• Prisoner C is due to be released on a Sunday – their release date is automatically moved to the preceding Thursday (release date brought forward by 3 days)

• Prisoner D is due to be released on a Monday which is a public holiday. Their release date is automatically moved to the preceding Thursday (release date brought forward by 4 days)

• Prisoner E is due to be released on a Thursday. Their release date is automatically moved to the preceding Wednesday (release date brought forward by 1 day)