C1C2C3C4C5C6C7C8 Part 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. 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)
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))
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)
F1Timing of release
S. 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-integration
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.
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