The Release of Prisoners (Coronavirus) (Scotland) Regulations 2020

Specified class of persons to be released from prison early

2.—(1) Subject to the governor’s veto, a person who falls within the class of persons specified in paragraph (2) is to be released early from prison in accordance with regulation 3.

(2) The class of persons to be released early from prison is any person who—

(a) falls within paragraph (3), and

(b) does not fall within paragraph (4).

(3) A person falls within this paragraph if the person—

(a) is serving a sentence of imprisonment or detention for a period of 18 months or less, and

(b) is to be released under section 1(1) or 7(1)(a) of the 1993 Act(1) within the 90 days following the date on which these Regulations come into force.

(4) A person falls within this paragraph if the person—

(a) is serving, or has served, a sentence of imprisonment or detention for an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016(2) and has been recorded as such under section 1(5) of that Act,

(b) is serving, or has served, a sentence of imprisonment or detention for an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018(3),

(c) is serving a sentence of imprisonment or detention for an offence under regulation 8 of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020(4), or

(d) is the subject of a non-harassment order imposed under section 234A of the Criminal Procedure (Scotland) Act 1995(5) or section 8 or 8A of the Protection from Harassment Act 1997(6).

(1)

Section 7(1)(a) was amended by paragraph 86 of schedule 4 of the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40).

(2)

2016 asp 22.

(3)

2018 asp 5.

(4)

S.S.I. 2020/103.

(5)

1995 c.46. Section 234A was inserted by section 11 of the Protection from Harassment Act 1997 (c.40) and was amended by schedule 3 of the Crime and Punishment (Scotland) Act 1997, section 49 of the Criminal Justice (Scotland) Act 2003 (asp 7), section 15 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), paragraph 3 of schedule 2 of the Criminal Justice (Scotland) Act 2016 (asp 1) and section 5 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22).

(6)

1997 c.40. Section 8 was amended by schedule 2 of the Damages (Scotland) Act 2011 (asp 7) and section 1 of the Domestic Abuse (Scotland) Act 2011 (asp 13) (“the 2011 Act”). Section 8A was inserted by the 2011 Act.