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Prisoners (Early Release) (Scotland) Act 2025

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Prisoners (Early Release) (Scotland) Act 2025. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Overview of Act

  3. Crown Application

  4. Interpretation

  5. Expand +/Collapse -

    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

  • Explanatory Notes Table of contents

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