ScheduleConsequential, transitional and transitory provision

Part 2Transitional and transitory provision

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

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(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.