ScheduleConsequential, transitional and transitory provision

(introduced by section 5)

Part 1Consequential provision

Release of short-term prisoners on licence tied to timing of automatic early release

1

(1)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 is modified as follows.

(2)

In section 3AA(3) (further powers to release short-term prisoners), for “will have served one half of his sentence” substitute “is entitled to be released under this Part”.

Power to modify timing of automatic early release of certain detained children

2

(1)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 is modified as follows.

(2)

In section 7(1A) (children detained in solemn proceedings), paragraph (b) is repealed.

Part 2Transitional and transitory provision

Initial release of individuals when automatic early release date changes

3

(1)

Where—

(a)

a prisoner’s release date is changed by this Act, and

(b)

the prisoner is mentioned in an entry in the first column of the table in sub-paragraph (2),

the prisoner is, instead of being released on the prisoner’s new release date, to be released within the period mentioned in the corresponding entry in the second column of the table.

(2)

The table is—

Prisoners to whom release period applies

Release period

A prisoner whose new release date falls on or before the day that is 30 days before the commencement date.

The period of 3 days beginning with the first Tuesday after the commencement date.

A prisoner whose new release date falls within the period—

  1. (a)

    beginning 29 days before the commencement date, and

  2. (b)

    ending the day before the commencement date.

The period of 3 days beginning with the third Tuesday after the commencement date.

A prisoner whose new release date falls within the period—

  1. (a)

    beginning with the commencement date, and

  2. (b)

    ending the day before the final release period begins.

The period of 3 days beginning with the fifth Tuesday after the commencement date (“the final release period”).

(3)

But if a prisoner would, if released in accordance with sub-paragraph (1), be released after the prisoner’s original release date, the prisoner is instead to be released on the prisoner’s original release date.

(4)

Where—

(a)

a child’s release date is changed by section 2, and

(b)

the child’s new release date is before the date on which section 2 comes into force,

the child is, instead of being released on the child’s new release date, to be released on the date on which section 2 comes into force.

(5)

In this paragraph—

“child” means a person who, on the day before the date on which section 2 comes into force, is under the age of 18,

“commencement date” means the date on which this paragraph comes into force,

“new release date”, in relation to a prisoner or a detained child, means the date to which the person’s release date is changed by section 1 or (as the case may be) 2,

“original release date”, in relation to a prisoner or a detained child, means the date from which the person’s release date is changed by section 1 or (as the case may be) 2,

“prisoner” includes—

(a)

a person who, having been detained as a child under section 208 of the Criminal Procedure (Scotland) Act 1995, is now detained in a young offenders institution or prison,

(b)

any other person detained in a young offenders institution,

“release date” means the date on which a person is entitled to be released in accordance with Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or (as the case may be) section 44 of the Criminal Procedure (Scotland) Act 1995.

Short-term prisoners on licence when automatic early release date changes

4

(1)

Sub-paragraph (2) applies where—

(a)

at the end of the day immediately prior to section 1 coming into force, a person is on licence under section 3 or 3AA of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) in respect of a short-term sentence, and

(b)

the duration of the person’s licence is provided for in section 11(3)(a)(ii) or (3B) of the 1993 Act.

(2)

The person’s licence remains in force (unless it is revoked) until the later of—

(a)

the date on which section 1 comes into force,

(b)

the date mentioned in section 11(3)(a)(ii) or (as the case may be) (3B) of the 1993 Act (ignoring for these purposes the effect of paragraph 3).

(3)

For the purposes of this paragraph, “short-term sentence” means the sentence of imprisonment to which a short-term prisoner (within the meaning of section 27(1) of the 1993 Act) is subject.

Release of short-term prisoners on licence

5

Until section 9(4)(a) of the Bail and Release from Custody (Scotland) Act 2023 (release on licence of long-term prisoners) is in force, section 3AA(3) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 is to be read as if, for the words “the prisoner is entitled to be released under this Part”, there were substituted “—

(a)

in the case of a short-term prisoner, the prisoner is entitled to be released under this Part,

(b)

in the case of a long-term prisoner, the prisoner will have served one-half of the prisoner’s sentence.”.