Automatic early release

2Extension of automatic early release for certain detained children

(1)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 is modified in accordance with subsection (2).

(2)

In section 7 (children detained in solemn proceedings)—

(a)

in subsection (1)(a), for “half the period so specified” substitute “the period mentioned in subsection (1ZA)”,

(b)

after subsection (1), insert—

“(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).”.

(3)

The Criminal Procedure (Scotland) Act 1995 is modified in accordance with subsection (4).

(4)

In section 44 (detention of children)—

(a)

in subsection (6)(a)—

(i)

for “half the period specified in the order” substitute “the period mentioned in subsection (6A)”,

(ii)

for “such period” substitute “period specified in the order”,

(b)

after subsection (6), insert—

“(6A)

The period referred to in subsection (6)(a) is—

(a)

where subsection (6B) applies, one-half of the period specified in the order,

(b)

in any other case, two-fifths of the period specified in the order.

(6B)

This subsection applies where the offence to which the order relates is—

(a)

an offence listed in paragraphs 36 to 60 of schedule 3 of the Sexual Offences Act 2003, or

(b)

a domestic abuse offence.”,

(c)

in subsection (11)—

(i)

the word “and” after the definition of “the appropriate local authority” is repealed,

(ii)

after that definition insert—

““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,”.