The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024

Draft Regulations laid before the Scottish Parliament under section 3D(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2024 No.

Prisons

The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024

Made

2024

Coming into force

13th June 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 3C of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”)(1), section 16ZA(2)(a) of the Criminal Justice (Scotland) Act 2003(2), section 27B(2)(a) of the Victims and Witnesses (Scotland) Act 2014(3) and all other powers enabling them to do so.

In accordance with section 3D(1) of the 1993 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament(4).

The Scottish Ministers are satisfied that making these Regulations is necessary and proportionate, in response to the effects that an emergency situation is having, and is likely to have, on prisons generally, for the purposes of protecting (a) the security and good order of prisons, or (b) the health, safety and welfare of prisoners, or those working, in prisons.

(1)

1993 c. 9. Section 3C was inserted by section 11(2) of the Bail and Release from Custody (Scotland) Act 2023 (asp 4).

(2)

2003 asp 7. Section 16ZA was inserted by section 14(2) of the Bail and Release from Custody (Scotland) Act 2023 (asp 4).

(3)

2014 asp 1. Section 27B was inserted by section 14(12) of the Bail and Release from Custody (Scotland) Act 2023 (asp 4).

(4)

The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). These Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.