LegalizeReform history
Prisoners and Criminal Proceedings (Scotland) Act 1993
33 versions
· 1993-03-29
2026-03-22
Prisoners and Criminal Proceedings (Scotland) Act 1993
2026-01-16
Prisoners and Criminal Proceedings (Scotland) Act 1993
2025-10-20
Prisoners and Criminal Proceedings (Scotland) Act 1993
2025-02-11
Prisoners and Criminal Proceedings (Scotland) Act 1993
Changes on 2025-02-11
@@ -8,7 +8,19 @@
##### 1
- (1) Subject to section 26A(4) of this Act, as soon as a short-term prisoner , not being a prisoner to whom section 1AA of this Act applies, has served one-half of his sentence the Secretary of State shall, without prejudice to any supervised release order to which the prisoner is subject, release him unconditionally.
- (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)](#p00164) 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.
- (1A) Subsections (2) and (2A) apply as follows—
@@ -30,6 +42,8 @@
- (3A) Subsections (1) to (3) above are subject to sections 1A and 1B of this Act.
- (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@@ -42,6 +56,12 @@
- (9) This section does not apply in relation to a person to whom section 1AB applies to the extent that the person is serving a sentence of imprisonment imposed in respect of an offence within section 1AB(2).
- (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.
#### Duty to release discretionary life prisoners
##### 2
@@ -198,7 +218,7 @@
- (2) Subject to section 1B, where section 1(1) or (2) of this Act applies to a person by virtue of subsection (1) above, that section shall be construed as requiring the Secretary of State to release the person unconditionally as soon as, in the case of—
- (a) a short-term prisoner, he has served one-half of his term of imprisonment; or
- (a) a short-term prisoner, he has served two-fifths of his term of imprisonment; or
- (b) a long-term prisoner, he has served two-thirds of his term of imprisonment,
@@ -248,10 +268,22 @@
- (1) Where a child is detained under section 208 of the 1995 Act (detention of children convicted on indictment) and the period specified in the sentence—
- (a) is less than four years, he shall be released on licence by the Secretary of State as soon as (following commencement of the sentence) half the period so specified has elapsed;
- (a) is less than four years, he shall be released on licence by the Secretary of State as soon as (following commencement of the sentence) the period mentioned in subsection (1ZA) has elapsed;
- (b) is of four or more years, he shall be so released as soon as (following such commencement) two thirds of the period so specified has elapsed unless he has before that time been so released, in relation to that sentence, under any provision of this Act.
- (1ZA) The period referred to in subsection (1)(a) is—
- (a) where subsection (1ZB) applies, one-half of the period specified in the sentence,
- (b) in any other case, two-fifths of the period specified in the sentence.
- (1ZB) This subsection applies where the sentence is for, or (in the case of a sentence treated as a single term under section 27(5)) 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 within the meaning of section 1(10).
- (1A) The Secretary of State may by order provide—
- (a) that the reference to—
@@ -262,27 +294,17 @@
shall be construed as a reference to such other period as may be specified in the order;
- (b) that the reference to—
- (i) half, in the said paragraph (a); or
- (ii) two thirds, in the said paragraph (b),
shall be construed as a reference to such other proportion of the period specified in the sentence as may be specified in the order.
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1B) An order under subsection (1A) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with any provision made by the order.
- (2) A child detained under section 208 of the 1995 Act or in pursuance of an order under subsection (3) below shall, on the recommendation of the Parole Board made at any time, be released on licence by the Secretary of State.
- (2A) This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention in a young offenders institution or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.
- (2A) This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention ... or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.
- (2B) In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.
- (2C) In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years—
- (a) section 6 of this Act shall apply to him as if the single term were an equivalent sentence of detention in a young offenders institution, if that term is served in such an institution; and
- (b) the provisions of this Act shall apply to him as if the single term were an equivalent sentence of imprisonment, if that term is served in a remand centre or a prison.
- (2C) In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years, this Part applies to the person as if the single term were an equivalent sentence of detention or, as the case may be, imprisonment.
- (3) If, after release under subsection (1) or (2) above or, as the case may be, section 1AB(4) or 26ZA(5)(a) and before the date on which the entire period specified in the sentence elapses (following commencement of the sentence) or, as the case may be, before the date on which the sentence under section 205ZC(5) as originally imposed by the court expires, a child commits an offence in respect of which it is competent to impose imprisonment on a person aged 21 years or more (other than an offence in respect of which imprisonment for life is mandatory) and, whether before or after that date, pleads guilty to or is found guilty of it a court may, instead of or in addition to making any other order in respect of that plea or finding—
@@ -575,6 +597,8 @@
- (a) in the case of a long-term or life prisoner released by the Scottish Ministers under subsection (1) of section 3 of this Act without consulting the Parole Board, no licence condition shall be inserted, varied or cancelled subsequent to the release except in accordance with the recommendations of the Parole Board; and
- (b) in the case of any other long-term or life prisoner, no licence condition shall be included on release, or subsequently inserted, varied or cancelled except in accordance with such recommendations.
- (3A) Subsection (3)(b) does not apply in relation to a standard condition in a licence granted by virtue of regulations under [section 3C](#p01435)[(3)](#p01469).
- (4A) Subsection (3)(b) above does not apply in relation to a condition in a licence granted under section 3AA of this Act; but in exercising their powers under this section in relation to a long-term prisoner released on such a licence the Scottish Ministers must have regard to any recommendations which the Parole Board has made for the purposes of section 1(3) of this Act as to conditions to be included on release.
@@ -883,7 +907,7 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Interpretation
### Interpretation and powers to amend
#### Interpretation of Part I
@@ -925,7 +949,7 @@
- (a) that the references to four years in the definitions of “long-term prisoner” and “short-term prisoner” in subsection (1) above shall be construed as references to such other period as may be specified in the order;
- (b) that any reference in this Part of this Act to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.
- (b) that any reference in this Part of this Act to a particular proportion of a prisoner’s sentence (other than a reference which may be amended under section 27A(1)) shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.
- (3) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.
@@ -1613,7 +1637,7 @@
## Part II — Revocations
#### Release of certain sexual offenders
#### Release of short-term, long-term and life prisoners.
##### 1AA
@@ -1681,7 +1705,7 @@
- (2) The power in subsection (1) above is not to be exercised before the prisoner has served one quarter of the prisoner's sentence.
- (3) Without prejudice to subsection (2) above, the power in subsection (1) above is to be exercised only during that period of 166 days which ends on the day 14 days before that on which the prisoner will have served one half of his sentence.
- (3) Without prejudice to subsection (2) above, the power in subsection (1) above is to be exercised only during that period of 166 days which ends on the day 14 days before that on which the prisoner is entitled to be released under this Part.
- (4) In exercising the power conferred by subsection (1) above, the Scottish Ministers must have regard to considerations of—
@@ -2187,10 +2211,6 @@
[^c12922261]: Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by [1997 c. 43](https://www.legislation.gov.uk/ukpga/1997/43), [ss. 41](https://www.legislation.gov.uk/ukpga/1997/43/section/41), [56(1)](https://www.legislation.gov.uk/ukpga/1997/43/section/56/1), [Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7)](https://www.legislation.gov.uk/ukpga/1997/43/schedule/1/part/II/paragraph/10/2/a/5/a/6/7), [11(2)(a)(4)(a)(6)](https://www.legislation.gov.uk/ukpga/1997/43/schedule/1/part/II/paragraph/11/2/a/4/a/6) (subject to [art. 5](https://www.legislation.gov.uk/ukpga/1997/43/article/5)) (as amended (30.9.1998) by [1998 c. 37](https://www.legislation.gov.uk/ukpga/1998/37), [s. 119](https://www.legislation.gov.uk/ukpga/1998/37/section/119), [Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/37/schedule/8/paragraph/135/5/a/d/f/6/a/b); [S.I. 1998/2327](https://www.legislation.gov.uk/uksi/1998/2327), [art. 2(1)(y)(2)(oo)](https://www.legislation.gov.uk/uksi/1998/2327/article/2/1/y/2/oo) (subject to [arts. 5-8](https://www.legislation.gov.uk/uksi/1998/2327/article/5)))
[^c12922271]: Words in s. 1(1) inserted (30.9.1998) by [1998 c. 37](https://www.legislation.gov.uk/ukpga/1998/37), [s. 119](https://www.legislation.gov.uk/ukpga/1998/37/section/119), [Sch. 8 para. 98(1)](https://www.legislation.gov.uk/ukpga/1998/37/schedule/8/paragraph/98/1); [S.I. 1998/2327](https://www.legislation.gov.uk/uksi/1998/2327), [art. 2(1)(y)(2)(gg)](https://www.legislation.gov.uk/uksi/1998/2327/article/2/1/y/2/gg) (subject to [arts. 5-8](https://www.legislation.gov.uk/uksi/1998/2327/article/5))
[^c20989711]: Words in s. 1(1) inserted (8.2.2006) by [Management of Offenders etc. (Scotland) Act 2005 (asp 14)](https://www.legislation.gov.uk/asp/2005/14), [ss. 15(2)](https://www.legislation.gov.uk/asp/2005/14/section/15/2); 24(2); [S.S.I. 2006/48](https://www.legislation.gov.uk/ssi/2006/48), [art. 3(1)](https://www.legislation.gov.uk/ssi/2006/48/article/3/1), [Sch. Pt. 1](https://www.legislation.gov.uk/ssi/2006/48/schedule/part/1)
[^c12922281]: S. 1(2)(3) modified (retrospectively) by [1984 c. 47](https://www.legislation.gov.uk/ukpga/1984/47), [Sch. para. 2(5)](https://www.legislation.gov.uk/ukpga/1984/47/schedule/paragraph/2/5) (as inserted (1.10.1997) by [1997 c. 43](https://www.legislation.gov.uk/ukpga/1997/43), [s. 42](https://www.legislation.gov.uk/ukpga/1997/43/section/42), [Sch. 2 para. 6(1)(2)](https://www.legislation.gov.uk/ukpga/1997/43/schedule/2/paragraph/6/1/2); [S.I. 1997/2200](https://www.legislation.gov.uk/uksi/1997/2200), [art. 2(1)(h)](https://www.legislation.gov.uk/uksi/1997/2200/article/2/1/h) (subject to [art. 5](https://www.legislation.gov.uk/uksi/1997/2200/article/5))) S. 1(2)(3) modified (1.10.1997) by [1984 c. 47](https://www.legislation.gov.uk/ukpga/1984/47), [Sch. para. 2(5)](https://www.legislation.gov.uk/ukpga/1984/47/schedule/paragraph/2/5) (as inserted (1.10.1997) by [1997 c. 43](https://www.legislation.gov.uk/ukpga/1997/43), [s. 42](https://www.legislation.gov.uk/ukpga/1997/43/section/42), [Sch. 2 para. 7(1)(2)](https://www.legislation.gov.uk/ukpga/1997/43/schedule/2/paragraph/7/1/2); [S.I. 1997/2200](https://www.legislation.gov.uk/uksi/1997/2200), [art. 2(1)(h)](https://www.legislation.gov.uk/uksi/1997/2200/article/2/1/h) (subject to [art. 5](https://www.legislation.gov.uk/uksi/1997/2200/article/5)))
[^c12922291]: Words in s. 1(2) inserted (30.9.1998) by [1998 c. 37](https://www.legislation.gov.uk/ukpga/1998/37), [s. 119](https://www.legislation.gov.uk/ukpga/1998/37/section/119), [Sch. 8 para. 98(2)](https://www.legislation.gov.uk/ukpga/1998/37/schedule/8/paragraph/98/2); [S.I. 1998/2327](https://www.legislation.gov.uk/uksi/1998/2327), [art. 2(1)(y)(2)(gg)](https://www.legislation.gov.uk/uksi/1998/2327/article/2/1/y/2/gg) (subject to transitional provisions in [art. 7(1)](https://www.legislation.gov.uk/uksi/1998/2327/article/7/1))
@@ -3041,27 +3061,63 @@
[^key-5506b60e80236dde42bc8e610f50c7ea]: [S. 12AB(3)-(7)](https://www.legislation.gov.uk/ukpga/1993/9/section/12AB/3) repealed (17.5.2022) by [Management of Offenders (Scotland) Act 2019 (asp 14)](https://www.legislation.gov.uk/asp/2019/14), [s. 63(2)](https://www.legislation.gov.uk/asp/2019/14/section/63/2), [sch. 1 para. 6(2)](https://www.legislation.gov.uk/asp/2019/14/schedule/1/paragraph/6/2); [S.S.I. 2022/94](https://www.legislation.gov.uk/ssi/2022/94), [reg. 2(2)(l)](https://www.legislation.gov.uk/ssi/2022/94/regulation/2/2/l) (with [regs. 1(2)](https://www.legislation.gov.uk/ssi/2022/94/regulation/1/2), [3(3)](https://www.legislation.gov.uk/ssi/2022/94/regulation/3/3))
[^key-e030603a8244013f84e91f636d695081]: [S. 1(1)](https://www.legislation.gov.uk/ukpga/1993/9/section/1/1) applied (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 57](https://www.legislation.gov.uk/asp/2022/8/section/57), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1)
[^key-0063d2350b7844bea9051fd41f1c17b5]: [S. 1(3)](https://www.legislation.gov.uk/ukpga/1993/9/section/1/3) applied (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 57](https://www.legislation.gov.uk/asp/2022/8/section/57), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1)
[^key-22b0c20a1ae21a397cf0d0e33ab45d22]: [S. 7(2)](https://www.legislation.gov.uk/ukpga/1993/9/section/7/2) applied (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 57](https://www.legislation.gov.uk/asp/2022/8/section/57), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1)
[^key-e030603a8244013f84e91f636d695081]: S. 1(1) applied (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 57](https://www.legislation.gov.uk/asp/2022/8/section/57), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1)
[^key-0063d2350b7844bea9051fd41f1c17b5]: S. 1(3) applied (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 57](https://www.legislation.gov.uk/asp/2022/8/section/57), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1)
[^key-22b0c20a1ae21a397cf0d0e33ab45d22]: S. 7(2) applied (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 57](https://www.legislation.gov.uk/asp/2022/8/section/57), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1)
[^key-c2dcd3f284246bc858d672dd5bdafc3c]: [Sch. 2 para. 2K and cross-heading](https://www.legislation.gov.uk/ukpga/1993/9/schedule/2/crossheading/membership) inserted (1.10.2022) by [Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8)](https://www.legislation.gov.uk/asp/2022/8), [ss. 41(2)](https://www.legislation.gov.uk/asp/2022/8/section/41/2), [59(1)](https://www.legislation.gov.uk/asp/2022/8/section/59/1)
[^key-f444f530d6ecf1fb2b44c9a9367e9d7f]: S. 1(3B) inserted (3.7.2023) by [Management of Offenders (Scotland) Act 2019 (asp 14)](https://www.legislation.gov.uk/asp/2019/14), [ss. 58(2)](https://www.legislation.gov.uk/asp/2019/14/section/58/2), [63(2)](https://www.legislation.gov.uk/asp/2019/14/section/63/2); [S.S.I. 2023/182](https://www.legislation.gov.uk/ssi/2023/182), [reg. 2](https://www.legislation.gov.uk/ssi/2023/182/regulation/2)
[^key-117a8bc800e4f3116ac6c47d5fc6a4dd]: [Ss. 3C-3E](https://www.legislation.gov.uk/ukpga/1993/9/section/3C) inserted (26.5.2024) by [Bail and Release from Custody (Scotland) Act 2023 (asp 4)](https://www.legislation.gov.uk/asp/2023/4), [ss. 11(2)](https://www.legislation.gov.uk/asp/2023/4/section/11/2), [18(2)](https://www.legislation.gov.uk/asp/2023/4/section/18/2); [S.S.I. 2024/145](https://www.legislation.gov.uk/ssi/2024/145), [reg. 2(1)](https://www.legislation.gov.uk/ssi/2024/145/regulation/2/1)
[^key-d980b9924b255ed0f0aaf84cfd8645aa]: [S. 12ZA](https://www.legislation.gov.uk/ukpga/1993/9/section/12ZA) inserted (26.5.2024) by [Bail and Release from Custody (Scotland) Act 2023 (asp 4)](https://www.legislation.gov.uk/asp/2023/4), [ss. 11(4)](https://www.legislation.gov.uk/asp/2023/4/section/11/4), [18(2)](https://www.legislation.gov.uk/asp/2023/4/section/18/2); [S.S.I. 2024/145](https://www.legislation.gov.uk/ssi/2024/145), [reg. 2(1)](https://www.legislation.gov.uk/ssi/2024/145/regulation/2/1)
[^key-ec88b04ffaeeb734f1a28c12416af277]: [S. 12(3A)](https://www.legislation.gov.uk/ukpga/1993/9/section/12/3A) inserted (26.5.2024) by [Bail and Release from Custody (Scotland) Act 2023 (asp 4)](https://www.legislation.gov.uk/asp/2023/4), [ss. 11(3)](https://www.legislation.gov.uk/asp/2023/4/section/11/3), [18(2)](https://www.legislation.gov.uk/asp/2023/4/section/18/2); [S.S.I. 2024/145](https://www.legislation.gov.uk/ssi/2024/145), [reg. 2(1)](https://www.legislation.gov.uk/ssi/2024/145/regulation/2/1)
[^key-b550966c75f2026d47b10a417eb09031]: Words in s. 7(2A) repealed (28.8.2024) by [Children (Care and Justice) (Scotland) Act 2024 (asp 5)](https://www.legislation.gov.uk/asp/2024/5), [s. 38(3)](https://www.legislation.gov.uk/asp/2024/5/section/38/3), [sch. para. 9(2)(a)](https://www.legislation.gov.uk/asp/2024/5/schedule/paragraph/9/2/a); [S.S.I. 2024/211](https://www.legislation.gov.uk/ssi/2024/211), [reg. 2(j)(i)](https://www.legislation.gov.uk/ssi/2024/211/regulation/2/j/i) (with [reg. 3](https://www.legislation.gov.uk/ssi/2024/211/regulation/3))
[^key-8f3897bff63f967659d2196cabc56683]: S. 7(2C) substituted (28.8.2024) by [Children (Care and Justice) (Scotland) Act 2024 (asp 5)](https://www.legislation.gov.uk/asp/2024/5), [s. 38(3)](https://www.legislation.gov.uk/asp/2024/5/section/38/3), [sch. para. 9(2)(b)](https://www.legislation.gov.uk/asp/2024/5/schedule/paragraph/9/2/b); [S.S.I. 2024/211](https://www.legislation.gov.uk/ssi/2024/211), [reg. 2(j)(i)](https://www.legislation.gov.uk/ssi/2024/211/regulation/2/j/i) (with [reg. 3](https://www.legislation.gov.uk/ssi/2024/211/regulation/3))
[^key-7d70564c83ebb1242ef31a9559cf4fb1]: [S. 3AA(3)](https://www.legislation.gov.uk/ukpga/1993/9/section/3AA/3) modified (temp.) (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [s. 8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2), [sch. para. 5](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/5) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-88363c33fc489fd378725be7a4701c55]: S. 27A inserted (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [ss. 3(2)](https://www.legislation.gov.uk/asp/2025/1/section/3/2), [8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-1dc18b0f3249cbde8dfa0c71cf069842]: S. 27B inserted (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [ss. 4(2)](https://www.legislation.gov.uk/asp/2025/1/section/4/2), [8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-b62df06de0ee5dfb16d0065a53b4608f]: S. 27 cross-heading substituted (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [ss. 3(4)](https://www.legislation.gov.uk/asp/2025/1/section/3/4), [8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-6bc24d92136579cda2361915dc9f37b6]: S. 1(1)(1ZA) substituted for s. 1(1) (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [ss. 1(2)(a)](https://www.legislation.gov.uk/asp/2025/1/section/1/2/a), [8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-2640694a495de2fa63ab1566d7cb7c8f]: S. 1(10) inserted (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [ss. 1(2)(b)](https://www.legislation.gov.uk/asp/2025/1/section/1/2/b), [8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-d510651c0f4f0e03f6ac16d3d725e054]: Words in [s. 3AA(3)](https://www.legislation.gov.uk/ukpga/1993/9/section/3AA/3) substituted (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [s. 8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2), [sch. para. 1(2)](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/1/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-73b660d0e4679ddf15bdaeb60bf7deb4]: Word in s. 5(2)(a) substituted (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [ss. 1(3)](https://www.legislation.gov.uk/asp/2025/1/section/1/3), [8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-1839749ddb30df6f6150356267fa9978]: S. 7(1ZA)(1ZB) inserted (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [ss. 2(2)(b)](https://www.legislation.gov.uk/asp/2025/1/section/2/2/b), [8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-fa53646f61bebefb49a7365ae8287529]: Words in s. 7(1)(a) substituted (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [ss. 2(2)(a)](https://www.legislation.gov.uk/asp/2025/1/section/2/2/a), [8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-11dbbae54f6bfb154046452b6e2b9771]: S. 7(1A)(b) repealed (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [s. 8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2), [sch. para. 2(2)](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/2/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
[^key-187f29b096228bd85c1d3598f4b7eebc]: Words in s. 27(2)(b) inserted (11.2.2025) by [Prisoners (Early Release) (Scotland) Act 2025 (asp 1)](https://www.legislation.gov.uk/asp/2025/1), [ss. 3(3)](https://www.legislation.gov.uk/asp/2025/1/section/3/3), [8(2)](https://www.legislation.gov.uk/asp/2025/1/section/8/2) (with [sch. paras. 3](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/3), [4](https://www.legislation.gov.uk/asp/2025/1/schedule/paragraph/4)); [S.S.I. 2025/17](https://www.legislation.gov.uk/ssi/2025/17), [reg. 2](https://www.legislation.gov.uk/ssi/2025/17/regulation/2)
#### Duration of licence.
#### Supervised release of short-term prisoners.
#### Assessment under section 2A(1)(a) and (b)
#### Rules for section 2(2)(d) cases
#### Re-release of prisoners serving certain terrorism sentences and extended sentences.
#### Persons detained under Mental Health (Scotland) Act 1984.
#### Duration of licence.
#### Supervised release of short-term prisoners.
#### Power to release early
#### Transfer of supervision of life prisoners
#### Supervision of persons released on licence.
##### 2A
@@ -3593,11 +3649,11 @@
#### Duty to release discretionary life prisoners.
#### Application to young offenders and to children detained without limit of time.
#### Fine defaulters and persons in contempt of court.
#### Limitation, termination etc. of appointment of members
#### Persons liable to removal from the United Kingdom.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Terrorism sentences
@@ -3871,7 +3927,7 @@
- (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.
#### Limitation, termination etc. of appointment of members
#### Power to make determinations in relation to persons transferred to Scotland
### Limitation, termination etc. of appointment of members
@@ -3884,3 +3940,223 @@
### 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)](#p01472).
- (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)](#p01507), 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,
- (d) due to serve a terrorism 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](#p01435) are subject to the affirmative procedure, unless [subsection (2)](#p01657) 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)](#p01657) 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)](#p01661)[(d)](#p01677), 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)](#p01661)[(d)](#p01677) neither—
- (a) affects anything done under the regulations before they ceased to have effect, nor
- (b) prevents new regulations being made under [section 3C](#p01435).
##### 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](#p01435) 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](#p01435)[(3)](#p01469) 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](#p01435)[(3)](#p01469) 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)](#p00343)—
- (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)](#p00343) 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)](#p00359) [(c)](#p00383) 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)](#p00359)[(b)](#p00379) may amend [section 27B](#p00513).
- (5) Before making regulations under [subsection (1)](#p00343), 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)](#p00343) 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)](#p00416)—
- “*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.
2022-10-01
Prisoners and Criminal Proceedings (Scotland) Act 1993
2021-06-29
Prisoners and Criminal Proceedings (Scotland) Act 1993
2021-04-30
Prisoners and Criminal Proceedings (Scotland) Act 1993
2020-12-31
Prisoners and Criminal Proceedings (Scotland) Act 1993
2020-04-07
Prisoners and Criminal Proceedings (Scotland) Act 1993
2020-02-26
Prisoners and Criminal Proceedings (Scotland) Act 1993
2016-12-14
Prisoners and Criminal Proceedings (Scotland) Act 1993
2016-02-01
Prisoners and Criminal Proceedings (Scotland) Act 1993
2015-08-31
Prisoners and Criminal Proceedings (Scotland) Act 1993
2011-03-28
Prisoners and Criminal Proceedings (Scotland) Act 1993
2010-12-13
Prisoners and Criminal Proceedings (Scotland) Act 1993
2008-04-01
Prisoners and Criminal Proceedings (Scotland) Act 1993
2008-03-21
Prisoners and Criminal Proceedings (Scotland) Act 1993
2008-02-11
Prisoners and Criminal Proceedings (Scotland) Act 1993
2007-03-01
Prisoners and Criminal Proceedings (Scotland) Act 1993
2006-07-03
Prisoners and Criminal Proceedings (Scotland) Act 1993
2006-06-19
Prisoners and Criminal Proceedings (Scotland) Act 1993
2006-04-03
Prisoners and Criminal Proceedings (Scotland) Act 1993
2006-04-02
Prisoners and Criminal Proceedings (Scotland) Act 1993
2006-02-08
Prisoners and Criminal Proceedings (Scotland) Act 1993
2005-10-05
Prisoners and Criminal Proceedings (Scotland) Act 1993
2005-10-04
Prisoners and Criminal Proceedings (Scotland) Act 1993
2005-09-27
Prisoners and Criminal Proceedings (Scotland) Act 1993
2005-04-01
Prisoners and Criminal Proceedings (Scotland) Act 1993
2003-12-18
Prisoners and Criminal Proceedings (Scotland) Act 1993
2003-12-01
Prisoners and Criminal Proceedings (Scotland) Act 1993
2003-10-27
Prisoners and Criminal Proceedings (Scotland) Act 1993
2003-06-27
Prisoners and Criminal Proceedings (Scotland) Act 1993
1993-03-29
Prisoners and Criminal Proceedings (Scotland) Act 1993 — versión ori
original version
Text at this date