The Management of Offenders (Scotland) Act 2019 (Commencement No. 5 and Saving Provisions) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring further provisions of Parts 1, 3 and 4 of the Management of Offenders (Scotland) Act 2019 (“the 2019 Act”) into force. Regulation 2 lists the provisions which will come into force on 1 October 2020.

Part 1 of the 2019 Act relates to the use of electronic monitoring for the purpose of criminal proceedings and the management of offenders. Part 3 of the 2019 Act relates to the membership and functions of the Parole Board for Scotland (“the Board”). Part 4 relates to the release of prisoners and decisions about such releases by the Board.

Regulation 3 makes a saving provision to the effect that the fixed 5 year membership period for all members of the Board, which is provided for in section 43 of the 2019 Act, does not apply to members of the Board appointed before 1 October 2020.

Regulation 4 makes a saving provision to the effect that the six-month limit for making representations about the revocation of a release on licence under section 3AA of the 1993 Act, inserted by section 50(3) of the 2019 Act, does not apply to prisoners whose licence has been revoked before 1 October 2020.

Regulation 5 makes a saving provision in relation to the coming into force of section 53(3)(b) of the 2019 Act. Section 53(3)(b) alters the requirements on the Scottish Ministers in relation to the re-release of certain prisoners, requiring such prisoners to be released “without undue delay”, instead of “immediately”. Regulation 5 provides that where such a prisoner’s case is referred to the Board before 1 October 2020, the requirement will remain that the Scottish Ministers, if recommended to do so by the Board, are to release the prisoner immediately.