Prisoners and Criminal Proceedings (Scotland) Act 1993

3C Power to release early

(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, or in 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, or following conviction and awaiting sentence.