Reform history

- (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 is modified in accordance with [subsection (2)](https://www.legislation.gov.uk/asp/2025/1/section/2/2/2025-01-23).

- (3) The Criminal Procedure (Scotland) Act 1995 is modified in accordance with [subsection (4)](https://www.legislation.gov.uk/asp/2025/1/section/2/4/2025-01-23).

- (1) This section, and sections [7](https://www.legislation.gov.uk/asp/2025/1/section/7/2025-01-23) and [9](https://www.legislation.gov.uk/asp/2025/1/section/9/2025-01-23), come into force on the day after Royal Assent.

- (b) the prisoner is mentioned in an entry in the first column of the table in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3/2/2025-01-23),

- (3) But if a prisoner would, if released in accordance with sub-paragraph [(1)](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3/1/2025-01-23), be released after the prisoner’s original release date, the prisoner is instead to be released on the prisoner’s original release date.

- (a) a child’s release date is changed by [section 2](https://www.legislation.gov.uk/asp/2025/1/section/2/2025-01-23), and

- (b) the child’s new release date is before the date on which [section 2](https://www.legislation.gov.uk/asp/2025/1/section/2/2025-01-23) comes into force,

the child is, instead of being released on the child’s new release date, to be released on the date on which [section 2](https://www.legislation.gov.uk/asp/2025/1/section/2/2025-01-23) comes into force.

- (1) [Sub-paragraph (2)](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4/2/2025-01-23) applies where—

- (a) at the end of the day immediately prior to [section 1](https://www.legislation.gov.uk/asp/2025/1/section/1/2025-01-23) coming into force, a person is on licence under section 3 or 3AA of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“*the 1993 Act*”) in respect of a short-term sentence, and

- (a) the date on which [section 1](https://www.legislation.gov.uk/asp/2025/1/section/1/2025-01-23) comes into force,

- (b) the date mentioned in section 11(3)(a)(ii) or (as the case may be) (3B) of the 1993 Act (ignoring for these purposes the effect of [paragraph 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3/2025-01-23)).

- (3) For the purposes of [this paragraph](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4/2025-01-23), “*short-term sentence*” means the sentence of imprisonment to which a short-term prisoner (within the meaning of section 27(1) of the 1993 Act) is subject.