Examples
18.A number of examples are provided below to illustrate the effect of the provision made by section 1 of the Act. However, it should be noted that these are approximations only, as release dates are calculated by the Scottish Prison Service in days rather than weeks/months/years. Further, under section 27(7) of the 1993 Act, release dates are brought forward very slightly to avoid releasing prisoners on particular days, but the effect of that is disregarded for the purpose of these examples. Finally, the examples do not rely upon sentencing guidelines in stating a sentence, as insufficient information is provided to make an assessment about the likelihood of a particular sentence being imposed in any given case.
Short-term prisoner: listed sexual offence but with sentence of less than 6 months
19.Albert was sentenced to 4 months’ imprisonment for causing a young child to see or hear an indecent communication. This is a listed sexual offence. It 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 2 months.
Under the Act, there is no change. He continues to be released unconditionally after 2 months under new section 1(1)(a).
Short-term prisoner: listed sexual offence with sentence of 6 months or more
20.Brian was sentenced to 2 years’ imprisonment for sexual exposure to a young child. This is a listed sexual offence. It is dealt with as follows—
Under the previous law, he would have been released on licence under section 1AA of the 1993 Act after 50% of his sentence, which means after 1 year.
Under the Act, there is no change. He continues to be released on licence after 1 year under section 1AA of the 1993 Act.
Short-term prisoner: domestic abuse offence
21.Connor was sentenced to 2 years’ imprisonment for domestic abuse towards his partner. It 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 1 year.
Under the Act, there is no change. He continues to be released unconditionally after 1 year under new section 1(1)(a).
Short-term prisoner: an offence other than a sexual offence or a domestic abuse offence
22.Diane was sentenced to 3 years’ imprisonment for theft. It is dealt with as follows—
Under the previous law, she would have been released unconditionally under section 1(1) of the 1993 Act after 50% of her sentence, which means after 1 year and 6 months.
Under the Act, she is now to be released unconditionally under new section 1(1)(b) after 40% of her sentence, which means after 1 year and 2.4 months.
Long-term prisoner
23.Edward was sentenced to 5 years’ imprisonment for a serious assault. It is dealt with as follows—
Under the previous law, as a long-term prisoner who was sentenced on or after 1 February 2016, he would have been released on licence under section 1(2A) of the 1993 Act 6 months before his sentence ended, if not released earlier by being granted parole, which means after 4 years and 6 months.
Under the Act, there is no change. He continues to be released on licence after 4 years and 6 months under section 1(2A) of the 1993 Act, if not released earlier by being granted parole.
Single-termed short-term prisoner with both domestic abuse and theft convictions – concurrent sentences
24.Frank was sentenced to 12 months’ imprisonment for domestic abuse of his partner and 3 months’ imprisonment for also stealing from his partner. The sentences are to run wholly concurrently. As such, the sentences form part of a single-term with a total sentence of 12 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 6 months.
Under the Act, there is no change. Because part of his single-termed sentence relates to a domestic abuse offence, he is subject to new section 1(1)(a) and continues to be released unconditionally after 6 months.
Single-termed short-term prisoner with both domestic abuse and theft convictions – consecutive sentences
25.George was sentenced to 12 months’ imprisonment for domestic abuse of his partner and 3 months’ imprisonment for also stealing from his partner. The sentences are to run wholly consecutively. As such, the sentences form part of a single-term with a total sentence of 15 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 7.5 months.
Under the Act, there is no change. Because part of his single-termed sentence relates to a domestic abuse offence, he is subject to new section 1(1)(a) and continues to be released unconditionally after 7.5 months.
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.