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Prisoners and Criminal Proceedings (Scotland) Act 1993, Section 26C is up to date with all changes known to be in force on or before 17 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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.]
Textual Amendments
F1S. 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
F2Words in s. 26C(3) substituted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 49(2), 63(2); S.S.I. 2019/309, reg. 2
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