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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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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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