Description of persons specified to be released early from prison2

1

A person who falls within the description of persons specified in paragraph (2) is to be released early from prison in accordance with regulation 3.

2

The class of persons to be released early are any person who—

a

falls within paragraph (3), and

b

does not fall within paragraph (4).

3

A person falls within this paragraph if the person—

a

is serving a sentence of imprisonment or detention for a period of less than four years, and

b

is due to be released under sections 1(1) or 7(1)(a)8 of the 1993 Act within the 180 days following the date on which these Regulations come into force.

4

A person falls within this paragraph if –

a

the person has served a sentence of imprisonment or detention for an offence that was aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 20169 which was recorded as such under section 1(5)(b) of that Act and on the date which these Regulations come into force the conviction for which is not spent for the purposes of the Rehabilitation of Offenders Act 197410,

b

the person has served a sentence of imprisonment or detention for an offence under section 1(1) of the Domestic Abuse (Scotland) Act 201811 which on the date these Regulations come into force the conviction for which is not spent for the purposes of the Rehabilitation of Offenders Act 1974,

c

the person is the subject of a non-harassment order imposed under section 234A of the Criminal Procedure (Scotland) Act 199512 or section 8 or 8A of the Protection from Harassment Act 199713,

d

the person has been sentenced to a term of imprisonment or detention on or after 17 July 2024.