C5C6C7C8C9C10Part 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)
Pt. I: power to modify conferred (S.) (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 3
Pt. I modified by 2007 asp 17, Sch. 6 (as substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 19, 206(1); S.S.I. 2011/178, art. 2, sch.); amendment to earlier affecting provision 2007 asp 17, Sch. 6 (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(5), 63(2); S.S.I. 2019/309, reg. 2
Early release
C1C21Release of short-term, long-term and life prisoners.
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.
F61A
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 F81st February 2016 ,
b
subsection (2A) applies in relation to a long-term prisoner who is—
i
serving a sentence imposed on or after F91st 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.
C32
As soon as a long-term prisoner has served two-thirds of his sentence, the Secretary of State shall release him on licence F3 unless he has before that time been so released, in relation to that sentence, under any provisionof this Act.
F72A
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.
C4C33
After a long-term prisoner has served one-half of F11the prisoner's sentence, the Scottish Ministers must release the prisoner on licence if recommended to do so by the Parole Board.
F43A
Subsections (1) to (3) above are subject to section 1A of this Act.
4
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F55
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F56
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F57
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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.
F109
This section does not apply in relation to a person to whom section 1AB applies.
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