The Act: Overview
Part 5: Temporary Justice Measures
Overview
Section 57: Effect of early release from prison or young offenders institution by virtue of regulations
209.This section makes provision in connection with the temporary provision in Part 7 of the schedule, and the temporary provision which preceded that in paragraphs 19 and 20 of schedule 4 of the Coronavirus (Scotland) Act 2020.
210.The temporary provisions in question allow regulations to be made authorising people’s early release from prisons and young offenders institutions. In order to deal with the consequences of their release (for example whether they are released on licence or unconditionally), section 57 provides that people released due to regulations are to be treated as though they were released through the normal statutory process that would most likely have been the legal basis for their release had they not been released early under the regulations. Section 57 has to remain the law longer than the temporary power to release people by regulations in order to provide an ongoing basis for understanding the legal basis of those people’s release.
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