Part I Detention, Transfer and Release of Offenders
Early release
1Release of short-term, long-term and life prisoners.
F1(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.
F2(1A)
Subsections (2) and (2A) apply as follows—
(a)
subsection (2) applies in relation to a long-term prisoner who is serving a sentence imposed before F31st February 2016 ,
(b)
subsection (2A) applies in relation to a long-term prisoner who is—
(i)
serving a sentence imposed on or after F41st February 2016, and
(ii)
not subject to an extended sentence within the meaning of section 210A of the 1995 Act.
(1B)
For the purpose of subsection (1A), a sentence specified on appeal in substitution for a sentence imposed earlier is to be regarded as imposed when the earlier sentence was imposed.
(2)
As soon as a long-term prisoner has served two-thirds of his sentence, the Secretary of State shall release him on licence F5 unless he has before that time been so released, in relation to that sentence, under any provisionof this Act.
F6(2A)
As soon as a long-term prisoner has only 6 months of the prisoner's sentence left to serve, the Scottish Ministers must release the prisoner on licence unless the prisoner has previously been so released in relation to that sentence under any provision of this Act.
(3)
After a long-term prisoner has served one-half of F7the prisoner's sentence, the Scottish Ministers must release the prisoner on licence if recommended to do so by the Parole Board.
F8(3A)
Subsections (1) to (3) above are subject to F9sections 1A and 1B of this Act.
F10(3B)
The Parole Board must publish, in such manner as it considers appropriate, the test it will apply in making a recommendation under subsection (3).
(4)
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F11(5)
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F11(6)
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F11(7)
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(8)
Schedule 1 to this Act, which makes special provision as respects the release of persons serving both a sentence of imprisonment imposed on conviction of an offence and a term of imprisonment or detention referred to in section 5(1)(a) or (b) of this Act, shall have effect.
F12(9)
This section does not apply in relation to a person to whom section 1AB applies F13to the extent that the person is serving a sentence of imprisonment imposed in respect of an offence within section 1AB(2).
F14(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.