Prisoners (Early Release) (Scotland) Act 2025

Initial release of individuals when automatic early release date changes S

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— (a) beginning 29 days before the commencement date, and (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— (a) beginning with the commencement date, and (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.

Commencement Information

I1 Sch. para. 3 not in force at Royal Assent, see s. 8(2)

I2 Sch. para. 3 in force at 11.2.2025 by S.S.I. 2025/17, reg. 2