Prisoners and Criminal Proceedings (Scotland) Act 1993

• (3) This sub-paragraph applies if the Scottish Ministers have accepted a recommendation made to them by the chairperson that the other member should not be reappointed.

• (4) A recommendation of that kind may be made to the Scottish Ministers only if the chairperson is satisfied that—

• (a) the other member has failed to comply with any of the terms and conditions of membership by which the member is bound, or

• (b) the number of members required for the Board to carry out its functions is such that the services of the other member are no longer needed.

• (5) The instrument of appointment of the member may be annotated or reissued so as to show that the member is reappointed under sub-paragraph (1).

2HB

• (1) Sub-paragraphs (2) and (3) apply in connection with paragraph 2HA(1).

• (2) The reference in paragraph 2HA(1) to the period of the appointment includes each period of reappointment under that paragraph.

• (3) In addition—

• (a) the provisions of paragraphs 1 to 2D apply in relation to reappointment under paragraph 2HA(1) as well as applying otherwise, and

• (b) the references in paragraphs 1 to 2D to appointment are so far as necessary for this purpose to be read as including reappointment,

which in particular means that reappointment is for 5 years at a time.

2K

• (1) A function conferred on the chairperson of the Parole Board may be exercised by another member of the Parole Board in accordance with the scheme prepared under sub-paragraph (3).

• (2) Another member’s being authorised by the scheme to exercise one of the chairperson’s functions does not preclude the chairperson from exercising that function.

• (3) The chairperson must prepare a scheme that authorises another member, or members, to exercise the functions conferred on the chairperson.

• (4) The scheme—

• (a) must be framed so that a member is, or a combination of members are, authorised to discharge all of the chairperson’s functions in the following circumstances—

• (i) there is no chairperson,

• (ii) the chairperson is unable to exercise the functions for any reason (for example due to ill health), and

• (b) may be framed so that, outwith those circumstances, other members are authorised to discharge any, or all, of the chairperson’s functions either at any time or in circumstances specified by the scheme.

• (5) The chairperson may modify the scheme at any time.

• (6) The Parole Board must make the scheme publicly available.

• (7) Only the chairperson may prepare and modify the scheme; accordingly, the references to the chairperson’s functions elsewhere in this paragraph do not include the functions of preparing and modifying the scheme.

2L

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1B

• (1) This section applies where—

• (a) a prisoner has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other,

• (b) one or more of the sentences (the “terrorism or national security-related sentence”) was imposed—

• (i) in respect of an offence within section 1AB(2), or

• (ii) under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security), and

• (c) the sentences were imposed on the same occasion or, where they were imposed on different occasions, the prisoner has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.

• (2) If the prisoner is serving a terrorism or national security-related sentence and a sentence that is not a terrorism or national security-related sentence, the terrorism or national security-related sentence is to be served (or, where subsection (7) applies, treated as being served) after that other sentence irrespective of when the sentences were imposed.

• (3) Where subsection (2) applies, the prisoner is to be taken to begin serving the custodial part of the terrorism or national security-related sentence (or first such sentence) as soon as the prisoner has served the custodial part of the other sentence.

• (4) If (but for this section) the prisoner would have been released on licence under this Part in respect of a sentence that is not a terrorism or national security-related sentence, the period during which the prisoner would have been on licence under this Part is to be served concurrently with the custodial part of the terrorism or national security-related sentence.

• (5) The prisoner may not be released under this Part in respect of the terrorism or national security-related sentence unless and until the prisoner has served the aggregate of—

• (a) if the prisoner is serving a sentence that is not a terrorism or national security-related sentence, the custodial part of the sentence, and

• (b) the custodial part of each terrorism or national security-related sentence that the prisoner is serving.

• (6) Subsection (7) applies where—

• (a) a sentence that is not a terrorism or national security-related sentence is imposed on the prisoner (the “new sentence”), and

• (b) the prisoner has already served part of the custodial part of a terrorism or national security-related sentence (the “served part”).

• (7) The prisoner is to be treated as having served—

• (a) where the served part is less than the custodial part of the new sentence, such part of the custodial part of the new sentence as is equal to the served part,

• (b) where the served part is equal to the custodial part of the new sentence, the custodial part of the new sentence,

• (c) where the served part exceeds the custodial part of the new sentence—

• (i) the custodial part of the new sentence, and

• (ii) so much of the custodial part of the terrorism or national security-related sentence as is equal to the amount by which the served part exceeds the custodial part of the new sentence.

• (8) Nothing in this Part requires—

• (a) the Scottish Ministers to release the prisoner in respect of any of the terms of imprisonment unless and until they are required to release the prisoner in respect of each of the other terms of imprisonment,

• (b) the Scottish Ministers or the Parole Board to consider the prisoner's release in respect of any of the terms of imprisonment unless and until the Ministers are or the Board is required to consider the prisoner's release, or the Ministers are required to release the prisoner, in respect of each of the other terms.

• (9) If the prisoner is released on licence under this Part the prisoner is to be on licence, on and after the release, until the prisoner would, but for the release, have served a term equal in length to the aggregate length of the term of imprisonment of any sentence that is not a terrorism or national security-related sentence and the term or, as the case may be, terms of imprisonment for the terrorism or national security-related sentence or sentences less the period mentioned in subsection (10).

• (10) The period is—

• (a) any period served concurrently in accordance with subsection (4), and

• (b) if (but for this section) the prisoner would have been released unconditionally under section 1(1) in respect of a sentence that is not a terrorism or national security-related sentence, the period equal to one-half of the term of that sentence.

• (11) Where a prisoner to which this section applies is released on licence under this Part (other than a licence under section 3AA), the release is to be on a single licence which is to be subject to such conditions as may be specified or required by this Part in relation to all the sentences in respect of which the prisoner has been so released.

• (12) In this section “custodial part”, in relation to a term of imprisonment means a period equal to the part of the term that (but for this section) the prisoner would be required to serve before—

• (a) the Scottish Ministers are required to release the prisoner under this Part, or

• (b) the Parole Board is first entitled under this Part to make a recommendation that the prisoner be released on licence under this Part.

• (13) In this section—

• (a) references to a sentence that is not a terrorism or national security-related sentence include references to two or more such sentences that are treated as a single term by virtue of section 27(5) (whether imposed before, after or both before and after a terrorism or national security-related sentence), and

• (b) where subsection (7) applies, the references in that subsection to the “custodial part of the new sentence” include references to the custodial part of the single term.

• (14) This section applies to a prisoner on whom sentence was imposed before the day on which paragraph 52(6) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021 came into force as it applies to a prisoner on whom sentence was imposed on or after that day.

Duty to release discretionary life prisoners.

Fine defaulters and persons in contempt of court.

Limitation, termination etc. of appointment of members

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terrorism and national security-related sentences

26ZA

• (1) This section applies to a person (“the prisoner”) who—

• (a) is not a life prisoner, and

• (b) is serving a terrorism or national security-related sentence.

• (2) A terrorism or national security-related sentence is—

• (a) a sentence of imprisonment imposed under section 205ZA of the 1995 Act (serious terrorism sentence),

• (b) a sentence of imprisonment imposed under section 205ZC of that Act (... sentence with fixed licence period), or

• (c) an extended sentence imposed under section 210A of that Act in respect of a terrorism offence.

• (3) Subject to the provisions of this section, this Part, except sections 1AB, 1A and 1B, applies in relation to a terrorism or national security-related sentence as if any reference to a sentence or term of imprisonment were a reference to the appropriate custodial term of a terrorism or national security-related sentence.

• (4) Where the prisoner is released on licence under this Part the licence remains in force until the end of the extension period (but subject to section 17).

• (5) Where, apart from this subsection, the prisoner would be released unconditionally at the end of the appropriate custodial term—

• (a) the prisoner must be released on licence, and

• (b) the licence remains in force until the end of the extension period (but subject to section 17).

• (6) The extension period is to be taken to begin—

• (a) for the purposes of subsection (4), on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the appropriate custodial term;

• (b) for the purposes of subsection (5), on the day on which, apart from that subsection, the prisoner would have been released unconditionally at the end of the appropriate custodial term.

• (7) Where the prisoner is subject to two or more terrorism or national security-related sentences, the extension period which is taken to begin in accordance with subsection (6) is the aggregate of the extension period of each of those sentences.

• (8) Subsection (7) is subject to—

• (a) sections 1A(1)(c) and 1B(11), and

• (b) in the case of a ... sentence imposed under section 205ZA of the 1995 Act, subsection (10) of that section and any direction by the court imposing the sentence.

• (9) For the purposes of sections 12(3) and 17(1), the question of whether the prisoner is a long-term or short-term prisoner is to be determined by reference to the terrorism or national security-related sentence.

• (10) In the application of this Part to a terrorism or national security-related sentence—

• (a) references in sections 1A(1)(c) and 16(1)(a) to the date on which a prisoner would have served the prisoner's sentence in full are to be read as if they were references to the date on which the terrorism or national security-related sentence as originally imposed by the court would expire, and

• (b) the reference in section 17(5) to a prisoner being liable to be detained in pursuance of the prisoner's sentence is to be read as if it were a reference to the prisoner being liable to be detained until the expiry of the extension period.

• (11) For the purposes of this section—

• “appropriate custodial term”, in relation to a terrorism or national security-related sentence imposed on a ... prisoner, means—the term determined as such by the court that imposes the sentence on the prisoner under section 205ZA or, as the case may be, section 205ZC of the 1995 Act, orthe term determined as the custodial term by the court that imposes the extended sentence on the prisoner under section 210A of that Act;

• “extension period” means—in relation to a sentence of imprisonment imposed on a ... prisoner under section 205ZA of the 1995 Act, the period specified as such under that section by the court that imposes the sentence on the prisoner;in relation to a sentence of imprisonment imposed on a ... prisoner under section 205ZC of that Act, the period of 1 year specified as such under that section by the court that imposes the sentence on the prisoner;in relation to an extended sentence imposed on a ... prisoner under section 210A of that Act in respect of a terrorism offence, the period specified as such under that section by the court that imposes the sentence on the prisoner.

PART 3 — Other offences punishable with imprisonment for life

31

An offence under section 1 of the Infanticide Act 1938 (infanticide).

32

An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5 (N.I.)) (infanticide).

33

An offence under section 25 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) (child destruction).

34

An offence under any of the following provisions of the Firearms Act 1968—

• (a) section 16 (possession of firearm with intent to endanger life);

• (b) section 17(1) (use of firearm to resist arrest);

• (c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

• (d) section 18 (carrying a firearm with criminal intent).

35

An offence under either of the following provisions of the Theft Act 1968—

• (a) section 8 (robbery or assault with intent to rob);

• (b) section 10 (aggravated burglary).

36

An offence under either of the following provisions of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))—

• (a) section 8 (robbery);

• (b) section 10 (aggravated burglary).

37

• (1) An offence of arson under section 1 of the Criminal Damage Act 1971.

• (2) An offence under section 1(2) of that Act (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson.

38

An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

39

• (1) An offence of arson under Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

• (2) An offence under Article 3(2) of that Order (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson.

40

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

41

An offence under any of the following provisions of the Aviation Security Act 1982—

• (a) section 1 (hijacking);

• (b) section 2 (destroying, damaging or endangering safety of aircraft);

• (c) section 3 (other acts endangering or likely to endanger safety of aircraft);

• (d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

42

An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—

• (a) section 1B (offences relating to damage to the environment);

• (b) section 2 (preparatory acts and threats).

43

An offence under section 134 of the Criminal Justice Act 1988 (torture).

44

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

• (a) section 1 (endangering safety at aerodromes);

• (b) section 9 (hijacking of ships);

• (c) section 10 (seizing or exercising control of fixed platforms);

• (d) section 11 (destroying ships or fixed platforms or endangering their safety);

• (e) section 12 (other acts endangering or likely to endanger safe navigation);

• (f) section 13 (offences involving threats);

• (g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

45

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

46

An offence under either of the following provisions of the Chemical Weapons Act 1996—

• (a) section 2 (use etc of chemical weapons);

• (b) section 11 (premises or equipment used for producing chemical weapons).

47

An offence under any of the following provisions of the International Criminal Court Act 2001, other than an offence involving murder—

• (a) section 51 (genocide, crimes against humanity and war crimes: England and Wales);

• (b) section 52 (conduct ancillary to genocide etc: England and Wales);

• (c) section 58 (genocide, crimes against humanity and war crimes: Northern Ireland);

• (d) section 59 (conduct ancillary to genocide etc: Northern Ireland).

48

An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—

• (a) section 47 (use etc of nuclear weapons);

• (b) section 50 (assisting or inducing certain weapons-related acts overseas).

49

An offence under section 1 or 2 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

50

An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))—

• (a) Article 58(1) (possession of firearm with intent to endanger life etc);

• (b) Article 59(1) (use of firearm to resist arrest);

• (c) Article 59(2) (possession of firearm while committing other offence);

• (d) Article 60 (carrying a firearm with criminal intent).

51

An offence under either of the following provisions of the Modern Slavery Act 2015—

• (a) section 1 (slavery, servitude and forced or compulsory labour);

• (b) section 2 (human trafficking).

52

An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)—

• (a) section 1 (human trafficking);

• (b) section 4 (slavery, servitude and forced or compulsory labour).

53

An offence under either of the following provisions of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))—

• (a) section 1 (slavery, servitude and forced or compulsory labour);

• (b) section 2 (human trafficking).

54

An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

• (a) paragraph 1 (hijacking of spacecraft);

• (b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

• (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

• (d) paragraph 4 (endangering safety at spaceports).

55

• (1) An attempt to commit an offence specified in a preceding paragraph of this Part of this Schedule (“a listed offence”).

• (2) Conspiracy to commit a listed offence.

• (3) Incitement to commit a listed offence.

• (4) Aiding, abetting, counselling or procuring the commission of a listed offence.

• (5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

56

• (1) An attempt to commit murder.

• (2) Conspiracy to commit murder.

• (3) Incitement to commit murder.

• (4) Aiding, abetting, counselling or procuring murder.

• (5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed.

57

An offence that—

• (a) was abolished before the coming into force of this Schedule, and

• (b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Power to make determinations in relation to persons transferred to Scotland

Limitation, termination etc. of appointment of members

Automatic reappointment

Performance of duties

Exercise of chairperson’s functions by other members

Removal of members from office

Regulations

3C

• (1) The Scottish Ministers may by regulations provide that a person of a description specified in the regulations is to be released from prison early on a date that is—

• (a) either—

• (i) specified in the regulations, or

• (ii) determined in accordance with provision made in the regulations, and

• (b) not later than the regulations’ latest release date.

• (2) The Scottish Ministers may make regulations under this section only if they are satisfied that making the regulations is necessary and proportionate, in response to the effects an emergency situation is having or is likely to have on a prison or prisons generally, for the purpose of protecting—

• (a) the security and good order of any prison to which the regulations would relate, or

• (b) the health, safety or welfare of prisoners, or those working, in any such prison.

• (3) Regulations under this section may—

• (a) provide that long term prisoners released by virtue of those regulations are released on licence,

• (b) specify standard conditions which must be included in any licence granted by virtue of paragraph (a).

• (4) A person is not to be released from prison by virtue of regulations under this section more than 180 days earlier than the Scottish Ministers would otherwise be required to release the person.

• (5) A person is not to be released from prison by virtue of regulations under this section if—

• (a) the person falls within subsection (6), or

• (b) the governor of the prison within which the person is detained considers that the person would, if released, pose an immediate risk of harm—

• (i) to an identified person, or

• (ii) to an identified group of people.

• (6) A person falls within this subsection if the person is—

• (a) a life prisoner,

• (b) an untried prisoner,

• (c) a terrorist prisoner within the meaning of section 1AB,

• (ca) serving a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security);

• (d) due to serve a terrorism or national security-related sentence within the meaning of section 1B but, by virtue of that section, is not yet serving it,

• (e) liable to removal from the United Kingdom for the purposes of section 9,

• (f) subject to a supervised release order under section 209 of the Criminal Procedure (Scotland) Act 1995,

• (g) serving a sentence passed under section 210A of that Act (extended sentences for sex, violent and terrorist offenders),

• (h) the subject of proceedings under the Extradition Act 2003,

• (i) subject to the notification requirements of Part 2 of the Sexual Offences Act 2003,

• (j) serving a sentence of imprisonment or detention for an offence—

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

• (ii) under section 1(1) of the Domestic Abuse (Scotland) Act 2018,

• (iii) under section 7(1) or 17(1) of the Domestic Abuse (Protection) (Scotland) Act 2021,

• (k) a long-term prisoner, unless that prisoner has been recommended for release by the Parole Board at the date on which the regulations are made.

• (7) The Scottish Ministers must, no later than one year after the date on which this section comes into force and in such manner as they consider appropriate, publish guidance about the application of subsection (5)(b).

• (8) The Scottish Ministers may from time to time revise the guidance published under subsection (7) and subsection (9) applies to any revised guidance.

• (9) The governor of a prison must have regard to guidance published under subsection (7) in considering the application of subsection (5)(b) in relation to regulations made under this section.

• (10) Regulations under this section may make different provision for different purposes.

• (11) In this section—

• “emergency situation” means—the incidence or spread of infection, contamination or the source of contamination which presents or could present significant harm to human health in Scotland (whether from risks originating there or elsewhere),an event or situation which has resulted in any prison (or part of a prison) to which the regulations would relate being unusable,any other event or situation which is reasonably considered by the Scottish Ministers to place at significant risk—the security and good order of a prison or prisons generally,the health, safety, and welfare of prisoners, or those working, in any such prison,

• “governor” in relation to a prison, means—the governor appointed for the prison under section 3(1A) of the Prisons (Scotland) Act 1989, orin the case of a contracted out prison, the director appointed for the prison under section 107(1)(a) of the Criminal Justice and Public Order Act 1994,

• “latest release date” means a date specified in the regulations in question, which must be a date within the period of 180 days beginning with the day that the regulations are made,

• “untried prisoner” means a person who, whether or not in prison for any other reason, is in prison—having been committed for examination or trial on a criminal charge,by virtue of remand in custody under the Extradition Act 2003,by virtue of detention under schedule 2 or 3 of the Immigration Act 1971, orfollowing conviction and awaiting sentence.

3D

• (1) Regulations under section 3C are subject to the affirmative procedure, unless subsection (2) applies to them.

• (2) This subsection applies to regulations if the Scottish statutory instrument containing the regulations includes a declaration that the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without their being subject to the affirmative procedure.

• (3) Where subsection (2) applies to regulations—

• (a) section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010 does not apply to the regulations,

• (b) the Scottish statutory instrument containing the regulations must be laid before the Scottish Parliament as soon as practicable after they are made,

• (c) the Scottish Ministers must explain why they are of the opinion that, by reason of urgency, it is necessary to make the regulations without their being subject to the affirmative procedure, and

• (d) the regulations cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the Scottish statutory instrument containing them is approved by resolution of the Parliament.

• (4) In calculating the period of 28 days mentioned in subsection (3)(d), no account is to be taken of any time during which the Scottish Parliament is—

• (a) in recess for more than 4 days, or

• (b) dissolved.

• (5) Regulations ceasing to have effect by virtue of subsection (3)(d) neither—

• (a) affects anything done under the regulations before they ceased to have effect, nor

• (b) prevents new regulations being made under section 3C.

3E

• (1) A person described in the first column of the table below who is released from custody by virtue of regulations under section 3C is deemed to have been released by virtue of the provision of this Act mentioned in the corresponding entry in the second column.

Status of person immediately before release	Provision of this Act by virtue of which the person is deemed to have been released
A short-term prisoner	section 1(1)
A long-term prisoner	section 1(3)
A person serving a term of imprisonment or detention imposed on a basis mentioned in section 5(1)(a) or (b) (fine defaulters and persons in contempt of court) and who is, for any purpose, to be treated as a short-term prisoner by virtue of that section	section 1(1), construed as required by section 5(2)
A person serving a term of imprisonment or detention imposed on a basis mentioned in section 5(1)(a) or (b) and who is, for any purpose, to be treated as a long-term prisoner by virtue of that section	section 1(3), construed as required by section 5(2)
A person detained—under section 208 of the Criminal Procedure (Scotland) Act 1995 (detention of children convicted on indictment), orin pursuance of an order under section 7(3) (children detained in solemn proceedings)	section 7(2)

• (2) In this section, “short-term prisoner” and “long-term prisoner” include a person treated, for any purpose, as a short-term prisoner or (as the case may be) a long term prisoner by virtue of section 6(1)(a) or 16(5)(a).

12ZA

• (1) Standard conditions specified by the Scottish Ministers in regulations under section 3C(3) remain in force (unless they are cancelled) in relation to a released person until the date on which the released person would, but for release by virtue of the regulations, fall to be released under section 1(3).

• (2) Standard conditions specified by the Scottish Ministers in regulations under section 3C(3) may include a curfew condition complying with section 12AB.

27A

• (1) The Scottish Ministers may by regulations amend—

• (a) section 1 or 5 so as to provide that, instead of a prisoner being released as soon as the prisoner reaches the point in the prisoner’s sentence for the time being provided for in that section, the prisoner is to be released as soon as the prisoner reaches a different point,

• (b) section 7 so as to provide that, instead of a person who is detained as a child being released as soon as the person reaches the point in the person’s sentence for the time being provided for in that section, the person is to be released as soon as the person reaches a different point,

• (c) section 44 of the Criminal Procedure (Scotland) Act 1995 so as to provide that, instead of a person who is detained as a child being released no later than the point in the person’s period of detention for the time being provided for in that section, the person is to be released no later than a different point.

• (2) Regulations under subsection (1)—

• (a) may make provision applying to—

• (i) a prisoner whose sentence began before the day on which the regulations come into force (the “commencement day”),

• (ii) a person detained as a child for a period which continues immediately before the commencement day, or

• (iii) a person who is subject to a licence under this Part immediately before the commencement day,

• (b) may include incidental, supplementary, consequential, transitional, transitory or saving provision,

• (c) may make different provision for different purposes,

• (d) are subject to the affirmative procedure.

• (3) Insofar as regulations under subsection (1) relate to the release of long-term prisoners or persons detained as children for the period mentioned in section 7(1)(b)—

• (a) subsection (2) (c) does not apply, but

• (b) the regulations may make different provision for different prisoners or persons detained as children based on when they were imprisoned or (as the case may be) detained.

• (4) Provision made under subsection (2)(b) may amend section 27B.

• (5) Before making regulations under subsection (1), the Scottish Ministers must consult—

• (a) Community Justice Scotland,

• (b) each local authority,

• (c) each health board,

• (d) the chief constable of the Police Service of Scotland,

• (e) the Risk Management Authority,

• (f) Social Care and Social Work Improvement Scotland,

• (g) each integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,

• (h) persons who are providing support services to victims in relation to offences perpetrated against or in respect of those victims,

• (i) such other persons as the Scottish Ministers consider appropriate.

• (6) At the same time as laying draft regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must seek to make a statement to the Parliament on—

• (a) their reasons for proposing that the regulations be made,

• (b) the consultation they have carried out in connection with the draft regulations, and

• (c) what information will be available to victims about the change that the draft regulations would make (if approved) and the release of prisoners under the provisions amended by the regulations.

• (7) For the purposes of subsection (5)—

• “health board” means a board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

• “support services” has the meaning given by section 34C(8) of the Community Justice (Scotland) Act 2016.

27B

• (1) Where a person is serving a sentence in respect of which the person has been or is to be transferred to Scotland under the Repatriation of Prisoners Act 1984, the Scottish Ministers may determine—

• (a) where the person was convicted of the offence in respect of which the person is serving the sentence when the person was under the age of 18, that the person is to be treated for the purposes of section 7 as if the person had been detained under section 208 of the Criminal Procedure (Scotland) Act 1995, and

• (b) where subsection (2) applies, that the person is to be treated for the purposes of section 1(1) or, as the case may be, section 7(1)(a) as if the sentence was passed in respect of an offence listed in section 1(1ZA) or, as the case may be, section 7(1ZB).

• (2) This subsection applies where the act, omission or behaviour which led to the conviction for which the person is serving the sentence would have constituted an offence listed in section 1(1ZA) or, as the case may be, section 7(1ZB) if it had taken place in Scotland.

• (3) The Scottish Ministers may by regulations make further provision about or in connection with the making of a determination under subsection (1)(a) or (b).

• (4) Regulations under subsection (3)—

• (a) may include incidental, supplementary, consequential, transitional, transitory or saving provision,

• (b) may make different provision for different purposes,

• (c) are subject to the affirmative procedure.

Duty to release discretionary life prisoners.