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Prisoners (Early Release) (Scotland) Act 2025

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

26.Hamish was sentenced to 6 months’ imprisonment for theft and a further 12 months’ imprisonment for assault for his part in a pub brawl. The sentences are to run wholly consecutively. As such, the sentences form part of a single-term with a total sentence of 18 months, which is dealt with as follows—

  • Under the previous law, he would have been released unconditionally under section 1(1) of the 1993 Act after 50% of his sentence, which means after 9 months.

  • Under the Act, he is now to be released after 40% of his sentence. Because neither part of his single-termed sentence relates to a domestic abuse or sexual offence, he is subject to new section 1(1)(b) and is to be released unconditionally after 7.2 months.

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