Search Legislation

Crime and Punishment (Scotland) Act 1997

Status:

This is the original version (as it was originally enacted).

34Early release

(1)This section applies where a prisoner is serving a sentence of imprisonment for a term of more than two months.

(2)For each initial assessment period, the prescribed person may award the prisoner such number of early release days, not exceeding twelve, as he may determine having regard to the extent to which the prisoner’s behaviour during that period has attained the prescribed minimum standard.

(3)For each subsequent assessment period, the prescribed person may award the prisoner—

(a)such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during that period has attained the prescribed minimum standard; and

(b)such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during the period has exceeded that standard.

(4)Where any early release days are awarded to a prisoner, any period which he must serve before becoming entitled to be released shall be reduced by the aggregate of those days.

(5)No award of early release days under this section shall entitle a prisoner to be released earlier than the day after the day on which the award is made.

(6)The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such amendments as may be specified in the order; but no amendment so specified shall reduce—

(a)the number of days specified in subsection (2) or (3)(a) above; or

(b)the total number of days specified in subsection (3) above.

(7)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this section, in relation to a prisoner—

  • “assessment period” means—

    (a)

    the period of two months starting with the day on which his sentence begins; and

    (b)

    each successive period of two months ending before his release; and

  • “initial assessment period” means an assessment period starting less than twelve months after the day on which his sentence begins and “subsequent assessment period” shall be construed accordingly.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources