Prisoners (Early Release) (Scotland) Act 2025

1 Extension of automatic early release for certain short-term prisoners S

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

(2) In section 1 (release of short-term, long-term and life prisoners)—

(a) for subsection (1) substitute—

“(1) Where section 1AA (release of certain sexual offenders) does not apply to the prisoner, the Scottish Ministers must release a short-term prisoner—

(a) where subsection (1ZA) applies, as soon as the prisoner has served one-half of the prisoner’s sentence,

(b) in any other case, as soon as the prisoner has served two-fifths of the prisoner’s sentence,

and, subject to section 26A(4) (extended sentences: release on licence) and to any supervised release order which applies to the prisoner, such release is to be unconditional.

(1ZA) This subsection applies where the prisoner is serving a sentence of imprisonment which is for, or (in the case of a sentence treated as a single term under section 27(5)) which includes a sentence passed in respect of—

(a) an offence listed in paragraphs 36 to 60 of schedule 3 of the Sexual Offences Act 2003, or

(b) a domestic abuse offence.”,

(b) after subsection (9), insert—

“(10) In this section, “domestic abuse offence” means—

(a) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, or

(b) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018.”.

(3) In section 5 (fine defaulters and persons in contempt of court), in subsection (2)(a), for “one-half” substitute “two-fifths”.

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 8(2)

I2 S. 1 in force at 11.2.2025 by S.S.I. 2025/17, reg. 2