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

These Regulations are made under powers contained in: section 3C of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), section 16AZ(2) of the Criminal Justice (Scotland) Act 2003, (“the 2003 Act”) and section 27B(2)(a) of the Victims and Witnesses (Scotland) Act 2014 (“the 2014 Act”).

Regulation 2(1) provides that persons of a description set out in regulation 2(2) are to be released early from a prison or young offenders institution (the early release of persons under these regulations being subject to the prison governor’s power to prevent release under section 3C(5)(b) of the 1993 Act and a number of exclusions in section 3C(6) of that Act).

Regulation 2(2) provides that a person is to be released only if they fall within the description of a person as set out in regulation 2(3), but they are not to be released if, notwithstanding their inclusion in such a description, they also fall within the description of a person as set out in Regulation 2(4).

Regulation 2(3) describes persons serving a sentence of imprisonment or detention for a period of less than four years who are to be released unconditionally under section 1(1), or conditionally under section 7(1)(a), of the 1993 Act within the 180 days following the coming into force of the Regulations. (Regulation 1(3) clarifies that any reference to release under section 1(1) of the 1993 Act includes the release of a young offender under that section as applied by section 6(1)(a) of the 1993 Act).

Regulation 2(4) describes persons who have previously served a sentence of imprisonment or detention for an offence of domestic abuse, or for an offence aggravated by domestic abuse where the conviction for such an offence has not become spent. Regulation 2(4) further describes persons who are subject to a non-harassment order imposed under section 234A of the Criminal Procedure (Scotland) Act 1995 or section 8 or 8A of the Protection from Harassment Act 1997. Regulation 2(4) further prescribes persons who have been sentenced to a term of imprisonment or detention on or after 17 July 2024. Persons as described in regulation 2(4) are thus excluded from early release by virtue of these regulations, even where they fall within the description of persons set out regulation 2(3).

Regulation 3 makes provision for determining the date of early release. Those who are to be released under section 1(1) or 7(1)(a) of the 1993 Act within the 45 days following the day on which the Regulations come into force are to be released between 26 and 27 June 2024. Those who are to be released under section 1(1) or 7(1)(a) of the 1993 Act between 45 and 90 days following the day on which the Regulations come into force are to be released between 3 and 4 July 2024. Those who are to be released under section 1(1) or 7(1)(a) of the 1993 Act between 91 and 135 days following the day on which the Regulations come into force are to be released between 10 July 2024 and 11 July 2024. Those who are to be released under section 1(1) or 7(1)(a) of the 1993 Act between 135 days and 180 days following the day on which the Regulations come into force are to be released between 17 July 2024 and the 18 July 2024.

Regulation 3(6) provides that where a person is to be released in accordance with paragraphs (2), (3), (4) or (5) but their release did not take place on the dates specified in those paragraphs, that person is to be released as soon as reasonably practicable, but no later than the latest release date. The latest release date is 25 July 2024.

Regulation 4 prescribes persons of a particular description who are able to receive certain information concerning the person who committed an offence against the victim.

For sentences of imprisonment or detention of 18 months or more in length, a victim can already intimate to the Scottish Ministers that they wish to receive the information set out in section 16(3) of the 2003 Act as that relates to a person convicted of committing an offence against them. Section 16ZA of the 2003 Act allows a “supporter” to be provided with that information instead of, or together with the victim, where either the victim has requested this or the organisation itself has done so and the Scottish Ministers are satisfied that the victim consents to the organisation being given the information. A “supporter” is a person of a description prescribed by the Scottish Ministers by regulations made under section 16ZA(2)(a) who provides support services to a victim of crime (“support services” is defined in section 16ZA(5)).

For sentences of imprisonment or detention of less than 18 months in length, a victim can already intimate to the Scottish Ministers that they wish to receive the information set out in section 27A(1) of the 2014 Act as that relates to a person convicted of committing an offence against them. Section 27B of the 2014 Act allows a “supporter” to be provided with that information instead of, or together with the victim, where either the victim has requested this or the organisation itself has done so and the Scottish Ministers are satisfied that the victim consents to the organisation being given the information. A “supporter” is a person of a description prescribed by the Scottish Ministers by regulations made under section 27B(2)(a) who provides support services to a victim of crime (“support services” has the same meaning as that set out in section 16ZA(5) of the 2003 Act).

Regulation 4 specifies the description of persons for the purposes of section 16ZA of the 2003 Act and 27B of the 2014 Act as the Scottish Registered Charities: Victim Support Scotland, Rape Crisis Scotland and Children 1st. Regulation 4 also prescribes the description of persons as ASSIST, a support and advocacy service provided by Glasgow City Council.