3.The Act is concerned with the automatic early release of prisoners: that is, the point in their sentence at which those imprisoned in Scotland by a Scottish court (“Scottish prisoners”) will be automatically released from prison without a decision as to their release being required from the Parole Board for Scotland. It makes similar provision in relation to children detained following criminal proceedings as it does in relation to prisoners. It also makes provision for those sentenced to a term of imprisonment or detention outwith the United Kingdom but transferred to Scotland to serve their sentence.
4.The Act does two things in relation to automatic early release—
It changes the automatic early release point for some short-term Scottish prisoners so that it will apply at the point of them having served 40% of their sentence in prison instead of applying at the previous 50% point. However, those serving sentences for sexual or domestic abuse offences are excluded from this change by the Act (while those serving terrorism sentences are excluded under the existing law). A similar change is made for children detained following criminal proceedings.
It grants the Scottish Ministers a power to make future changes to automatic early release points for both short-term and long-term Scottish prisoners by subordinate legislation (subject to the approval of the Scottish Parliament). This expands upon an existing power of this nature, as discussed further below.