1Release of short-term, long-term and life prisoners.S
(1)[F1Subject to section 26A(4) of this Act,] as soon as a short-term prisoner [F2, not being a prisoner to whom section 1AA of this Act applies,] 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.
[F3(1A)Subsections (2) and (2A) apply as follows—
(a)subsection (2) applies in relation to a long-term prisoner who is serving a sentence imposed before [F41st February 2016] ,
(b)subsection (2A) applies in relation to a long-term prisoner who is—
(i)serving a sentence imposed on or after [F51st February 2016] , and
(ii)not subject to an extended sentence within the meaning of section 210A of the 1995 Act.
(1B)For the purpose of subsection (1A), a sentence specified on appeal in substitution for a sentence imposed earlier is to be regarded as imposed when the earlier sentence was imposed.]
(2)As soon as a long-term prisoner has served two-thirds of his sentence, the Secretary of State shall release him on licence [F6 unless he has before that time been so released, in relation to that sentence, under any provisionof this Act].
[F7(2A)As soon as a long-term prisoner has only 6 months of the prisoner's sentence left to serve, the Scottish Ministers must release the prisoner on licence unless the prisoner has previously been so released in relation to that sentence under any provision of this Act.]
(3)After a long-term prisoner has served one-half of his sentence the Secretary of State
[F8(a)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.
[F9(3A)Subsections (1) to (3) above are subject to section 1A of this Act.]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)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.
Textual Amendments
F1Words in s. 1(1) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 98(1); S.I. 1998/2327, art. 2(1)(y)(2)(gg) (subject to arts. 5-8)
F2Words in s. 1(1) inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(2); 24(2); S.S.I. 2006/48, art. 3(1), Sch. Pt. 1
F3S. 1(1A) inserted (1.2.2016) by Prisoners (Control of Release) (Scotland) Act 2015 (asp 8), ss. 1(2)(a), 3(2); S.S.I. 2015/409, art. 2
F4Words in s. 1(1A)(a) substituted (1.2.2016) by The Prisoners (Control of Release) (Scotland) Act 2015 (Commencement) Order 2015 (S.S.I. 2015/409), arts. 1, 3
F5Words in s. 1(1A)(b)(i) substituted (1.2.2016) by The Prisoners (Control of Release) (Scotland) Act 2015 (Commencement) Order 2015 (S.S.I. 2015/409), arts. 1, 3
F6Words in s. 1(2) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 98(2); S.I. 1998/2327, art. 2(1)(y)(2)(gg) (subject to transitional provisions in art. 7(1))
F7S. 1(2A) inserted (1.2.2016) by Prisoners (Control of Release) (Scotland) Act 2015 (asp 8), ss. 1(2)(b), 3(2); S.S.I. 2015/409, art. 2
F8Words in s. 1(3) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. {s. 28(2)}, 89(2) (with saving in S.S.I. 2003/287, art. 2(2)(b)); S.S.I. 2003/288, art. 2, Sch.
F9S. 1(3A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 98(3); S.I. 1998/2327, art. 2(1)(y)(2)(gg) (subject to arts. 5-8)
F10S. 1(4)-(7) repealed (8.10.2001) by 2001 asp 7, s. 1(2); S.S.I. 2001/274, art. 3(3)
Modifications etc. (not altering text)
C1S. 1 excluded (17.12.2001) by 2001 asp 13, s. 24(c) (with s. 29); S.S.I. 2001/456, art. 2
C2Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))
C3S. 1(2)(3) modified (retrospectively) by 1984 c. 47, Sch. para. 2(5) (as inserted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 6(1)(2); S.I. 1997/2200, art. 2(1)(h) (subject to art. 5))
S. 1(2)(3) modified (1.10.1997) by 1984 c. 47, Sch. para. 2(5) (as inserted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 7(1)(2); S.I. 1997/2200, art. 2(1)(h) (subject to art. 5))
C4S. 1(3) modified (1.4.1995) by S.I. 1995/911, art. 3(a)