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Prisoners and Criminal Proceedings (Scotland) Act 1993
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- UK Public General Acts
- 1993 c. 9
- Part I
- Timing of release
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Changes over time for: Cross Heading: Timing of release
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Changes to legislation:
Prisoners and Criminal Proceedings (Scotland) Act 1993, Cross Heading: Timing of release is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part I Crossheading Timing-of-release:
- s. 3A(3A) inserted by 2019 asp 14 s. 51(2)
- s. 3B inserted by 2019 asp 14 s. 51(3)
- s. 3AA(4)(aa) inserted by 2023 asp 4 s. 9(4)(b)(ii)
- s. 3AA(7A) inserted by 2023 asp 4 s. 9(4)(d)
- s. 3AB 3AC inserted by 2023 asp 4 s. 9(5)
- s. 11(3C)(3D) inserted by 2023 asp 4 s. 9(6)(b)
- s. 12AA(7) inserted by 2023 asp 4 s. 9(8)(d)
- s. 16(2A) inserted by 2016 asp 1 s. 86(4)
- s. 17(2A)(2B) inserted by 2023 asp 4 s. 10(2)
- s. 17A(2B)(2C) inserted by 2023 asp 4 s. 10(3)(a)
- s. 17B inserted by 2023 asp 4 s. 10(4)
- s. 27(7A)(7B) inserted by 2023 asp 4 s. 8(2)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3A(3A) inserted by 2019 asp 14 s. 51(2)
- s. 3B inserted by 2019 asp 14 s. 51(3)
- s. 3AA(4)(aa) inserted by 2023 asp 4 s. 9(4)(b)(ii)
- s. 3AA(7A) inserted by 2023 asp 4 s. 9(4)(d)
- s. 3AB 3AC inserted by 2023 asp 4 s. 9(5)
- s. 11(3C)(3D) inserted by 2023 asp 4 s. 9(6)(b)
- s. 12AA(7) inserted by 2023 asp 4 s. 9(8)(d)
- s. 16(2A) inserted by 2016 asp 1 s. 86(4)
- s. 17(2A)(2B) inserted by 2023 asp 4 s. 10(2)
- s. 17A(2B)(2C) inserted by 2023 asp 4 s. 10(3)(a)
- s. 17B inserted by 2023 asp 4 s. 10(4)
- s. 27(7A)(7B) inserted by 2023 asp 4 s. 8(2)(b)
[F1Timing of releaseE+W+S
Textual Amendments
F1S. 26C and cross-heading inserted (1.2.2016) by Prisoners (Control of Release) (Scotland) Act 2015 (asp 8), ss. 2(2), 3(2); S.S.I. 2015/409, art. 2
26CRelease timed to benefit re-integrationE+W+S
(1)Where a prisoner is to be released by the Scottish Ministers, they may release the prisoner on a day that is earlier than the day on which the prisoner would otherwise fall to be released (but this is subject to subsections (2) and (3)).
(2)The release of a prisoner may be brought forward under subsection (1) only if, in the Scottish Ministers' opinion, it would be better for the prisoner's re-integration into the community for the prisoner to be released on the earlier day than on the day on which the prisoner would otherwise fall to be released.
(3)The release of a prisoner may not be brought forward under subsection (1) by more than 2 [F2working days (that is, days other than a Saturday or Sunday or a public holiday as described in section 27(8))].
(4)In a case in which section 27(7) applies, a reference in this section to the day on which a prisoner would fall to be released is to the day on which the prisoner would fall to be released by virtue of that section.
(5)This section does not apply in relation to a prisoner who is serving a sentence of imprisonment for a term of less than 15 days.]
Textual Amendments
F2Words in s. 26C(3) substituted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 49(2), 63(2); S.S.I. 2019/309, reg. 2
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