C5C6C7C8Part I Detention, Transfer and Release of Offenders
Pt. 1 applied (S.) (8.10.2001) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), ss. 4, 15(2), Sch. paras. 29, 66, 67, 77 (with Sch. para. 65); S.S.I. 2001/274, art. 3(3) (and by that para. 67 as substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(b)(v), 89(2); S.S.I. 2003/288, art. 2, Sch.)
Pt. 1 applied (S.) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), Sch. para. 7A (as inserted) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
Pt. 1: power to modify conferred (S.) (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 94(3)(4), 104(1); S.S.I. 2007/84, art. 3(2)
Early release
C1C21Release of short-term, long-term and life prisoners.
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F1Subject to section 26A(4) of this Act,as soon as a short-term prisoner has served one-half of his sentence the Secretary of State shall, without prejudice to any supervised release order to which the prisoner is subject, release him unconditionally.
C32
As soon as a long-term prisoner has served two-thirds of his sentence, the Secretary of State shall release him on licence F2unless he has before that time been so released, in relation to that sentence, under any provisionof this Act.
C4C33
After a long-term prisoner has served one-half of his sentence the Secretary of State
F3a
shall, except in the case mentioned in paragraph (b) below; or
b
may, in the case of a prisoner who is liable to removal from the United Kingdom (within the meaning of section 9 of this Act),
if recommended to do so by the Parole Board under this section, release him on licence.
F43A
Subsections (1) to (3) above are subject to section 1A of this Act.
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F56
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F57
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Schedule 1 to this Act, which makes special provision as respects the release of persons serving both a sentence of imprisonment imposed on conviction of an offence and a term of imprisonment or detention referred to in section 5(1)(a) or (b) of this Act, shall have effect.
Pt. 1 modified (S.) (20.10.1997) by 1997 c. 48, s. 16(2)(3) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1