Prisoners (Early Release) (Scotland) Act 2025

1. Introduction

2. Overview of Act

3. Crown Application

4. Interpretation

5. Detail of Provisions

   1. Automatic early release

      1. Section 1 – extension of automatic early release for certain short-term prisoners

         1. Previous position

         2. New position

         3. Examples

            1. Short-term prisoner: listed sexual offence but with sentence of less than 6 months

            2. Short-term prisoner: listed sexual offence with sentence of 6 months or more

            3. Short-term prisoner: domestic abuse offence

            4. Short-term prisoner: an offence other than a sexual offence or a domestic abuse offence

            5. Long-term prisoner

            6. Single-termed short-term prisoner with both domestic abuse and theft convictions – concurrent sentences

            7. Single-termed short-term prisoner with both domestic abuse and theft convictions – consecutive sentences

            8. Single-termed short-term prisoner with both common assault and theft convictions – consecutive sentences

      2. Section 2 – extension of automatic early release for certain detained children

      3. Section 3 – power to modify timing of automatic early release

         1. Previous position

         2. New position

      4. Section 4 – persons transferred to Scotland from outwith the United Kingdom

      5. Section 5 – consequential, transitional and transitory provision

   2. Reporting

      1. Section 6 – report on operation of Act

   3. Final provisions

      1. Section 7 – ancillary provision

      2. Section 8 – commencement

      3. Section 9 – short title

      4. Schedule – consequential, transitional and transitory provision

         1. Part 1 – consequential provision

            1. Paragraph 1: release of short-term prisoners on licence tied to timing of automatic early release

            2. Paragraph 2: power to modify timing of automatic early release of certain detained children

         2. Part 2 – transitional and transitory provision

            1. Paragraph 3: initial release of individuals when automatic early release changes

            2. Paragraph 4: short-term prisoners on licence when automatic early release changes

            3. Paragraph 5: release of short-term prisoners on licence

6. Parliamentary History