Part I E+W+S Detention, Transfer and Release of Offenders

Modifications etc. (not altering text)

C1 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

C2 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.)

C3 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.

C4 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)

C5 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

C6 Pt. 1 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.); (as amended (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(5), 63(2); S.S.I. 2019/309, reg. 2; and (30.4.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 58)

C7 Pt. 1 applied by 1984 c. 47, Sch. para. 2(3A) (as inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(4))

C8 Pt. 1 applied by 1984 c. 47, Sch. para. 2 (as modified (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 4)

Early release E+W+S

1 Release of short-term, long-term and life prisoners. S

(1) [F1 Subject 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 [F4 1st February 2016] ,

(b) subsection (2A) applies in relation to a long-term prisoner who is—

(i) serving a sentence imposed on or after [F5 1st 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 [F8 the prisoner's sentence, the Scottish Ministers must release the prisoner on licence if recommended to do so by the Parole Board].

[F9 (3A) Subsections (1) to (3) above are subject to [F10 sections 1A and 1B] of this Act.]

[F11 (3B) The Parole Board must publish, in such manner as it considers appropriate, the test it will apply in making a recommendation under subsection (3).]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (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.

[F13 (9) This section does not apply in relation to a person to whom section 1AB applies [F14 to the extent that the person is serving a sentence of imprisonment imposed in respect of an offence within section 1AB(2)].]

Textual Amendments

F1 Words 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)

F2 Words 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

F3 S. 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

F4 Words 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

F5 Words 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

F6 Words 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))

F7 S. 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

F8 Words in s. 1(3) substituted (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 54(2), 63(2); S.S.I. 2020/283, reg. 2(p)

F9 S. 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)

F10 Words in s. 1(3A) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(2)(a)

F11 S. 1(3B) inserted (3.7.2023) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 58(2), 63(2); S.S.I. 2023/182, reg. 2

F12 S. 1(4)-(7) repealed (8.10.2001) by 2001 asp 7, s. 1(2); S.S.I. 2001/274, art. 3(3)

F13 S. 1(9) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 4(2), 10(4)

F14 Words in s. 1(9) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(2)(b)

Modifications etc. (not altering text)

C9 S. 1 excluded (17.12.2001) by 2001 asp 13, s. 24(c) (with s. 29); S.S.I. 2001/456, art. 2

C10 Ss. 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))

C11 S. 1(1) applied (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 57, 59(1)

C12 S. 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))

C13 S. 1(3) modified (1.4.1995) by S.I. 1995/911, art. 3(a)

C14 S. 1(3) applied (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 57, 59(1)