Prisoners (Early Release) (Scotland) Act 2025

3 Power to modify timing of automatic early release

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

(2) After section 27, insert—

“27A Power to modify timing of automatic early release

(1) The Scottish Ministers may by regulations amend—

(a) section 1 or 5 so as to provide that, instead of a prisoner being released as soon as the prisoner reaches the point in the prisoner’s sentence for the time being provided for in that section, the prisoner is to be released as soon as the prisoner reaches a different point,

(b) section 7 so as to provide that, instead of a person who is detained as a child being released as soon as the person reaches the point in the person’s sentence for the time being provided for in that section, the person is to be released as soon as the person reaches a different point,

(c) section 44 of the Criminal Procedure (Scotland) Act 1995 so as to provide that, instead of a person who is detained as a child being released no later than the point in the person’s period of detention for the time being provided for in that section, the person is to be released no later than a different point.

(2) Regulations under subsection (1)—

(a) may make provision applying to—

(i) a prisoner whose sentence began before the day on which the regulations come into force (the “commencement day”),

(ii) a person detained as a child for a period which continues immediately before the commencement day, or

(iii) a person who is subject to a licence under this Part immediately before the commencement day,

(b) may include incidental, supplementary, consequential, transitional, transitory or saving provision,

(c) may make different provision for different purposes,

(d) are subject to the affirmative procedure.

(3) Insofar as regulations under subsection (1) relate to the release of long-term prisoners or persons detained as children for the period mentioned in section 7(1)(b)—

(a) subsection (2)(c) does not apply, but

(b) the regulations may make different provision for different prisoners or persons detained as children based on when they were imprisoned or (as the case may be) detained.

(4) Provision made under subsection (2)(b) may amend section 27B.

(5) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) Community Justice Scotland,

(b) each local authority,

(c) each health board,

(d) the chief constable of the Police Service of Scotland,

(e) the Risk Management Authority,

(f) Social Care and Social Work Improvement Scotland,

(g) each integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,

(h) persons who are providing support services to victims in relation to offences perpetrated against or in respect of those victims,

(i) such other persons as the Scottish Ministers consider appropriate.

(6) At the same time as laying draft regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must seek to make a statement to the Parliament on—

(a) their reasons for proposing that the regulations be made,

(b) the consultation they have carried out in connection with the draft regulations, and

(c) what information will be available to victims about the change that the draft regulations would make (if approved) and the release of prisoners under the provisions amended by the regulations.

(7) For the purposes of subsection (5)—

• “health board” means a board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

• “support services” has the meaning given by section 34C(8) of the Community Justice (Scotland) Act 2016.”.

(3) In section 27 (interpretation of Part 1), in subsection (2)(b), after “sentence” where it first appears insert “(other than a reference which may be amended under section 27A(1))”.

(4) The italic heading immediately preceding section 27 becomes “Interpretation and powers to amend”.