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Prisoners (Early Release) (Scotland) Bill

The Bill makes changes relating to the automatic early release of prisoners.

This is a Government bill

The Bill was introduced on 18 November 2024. Stage 3 ended on 26 November 2024.

Introduced: the Bill and its documents

Overview

The Bill as introduced changes when some short-term prisoners will be automatically released from prison. Short-term prisoners are those serving a sentence of less than four years.

Currently, most short-term prisoners are automatically released after serving half (i.e. 50%) of their sentence. The Bill changes this. Short-term prisoners will be automatically released after two-fifths (i.e. 40%) of their sentence. This change will also apply to children serving short sentences in secure accommodation. 

The change will not apply to those serving short sentences for domestic abuse or sexual offences. These prisoners will continue to be released after they have served 50% of their sentence.The Bill contains updated powers to allow Scottish Ministers to change when prisoners could be released in the future. These powers could be used in relation to short-term prisoners and long-term prisoners (those serving sentences of four years or more).

Why the Bill was created

The Bill has been introduced by the Scottish Government to manage the rising prison population.

Accompanying Documents

Explanatory Notes (209KB, pdf) posted 18 November 2024

Policy Memorandum (267KB, pdf) posted 18 November 2024

Financial Memorandum (361KB, pdf) posted 18 November 2024

 Delegated Powers Memorandum (126KB, pdf) posted 18 November 2024

Statements on legislative competence (102KB, pdf) posted 18 November 2024

Accompanying Documents (print versions)

Explanatory Notes (295KB, pdf) posted 18 November 2024

Policy Memorandum (380KB, pdf) posted 18 November 2024

Financial Memorandum (435KB, pdf) posted 18 November 2024

Delegated Powers Memorandum (227KB, pdf) posted 18 November 2024

Statements on legislative competence (152KB, pdf) posted 18 November 2024

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Prisoners (Early Release) (Scotland) Bill

The Bill was introduced on 18 November 2024

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Emergency Bill

On 20 November 2024, Parliament agreed motion S6M-15530, to treat the Prisoners (Early Release) (Scotland) Bill as an Emergency Bill.

Parliament then agreed motion S6M-15545, setting out the following timetable for consideration of the Bill.

Stage 1 on 21 November 2024. 

Stages 2 and 3 on 26 November 2024 

Meeting on 20 November 2024

Read the Official Report of the meeting

Read the minutes of the meeting (270KB, pdf) posted 20 November 2024

Stage 1 Debate and decision

A Stage 1 debate took place on 21 November 2024 to consider and decide on the general principles of the Bill.

  • Motion title: Prisoners (Early Release) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Prisoners (Early Release) (Scotland) Bill.
  • Submitted by: Angela Constance
  • Date lodged: Monday, 18 November 2024
  • Motion reference: S6M-15531
  • Current status: Taken in the Chamber on Thursday, 21 November 2024

Result 69 for, 49 against, 3 abstained, 8 did not vote Vote Passed

See further details of the motion


  • Motion title: Prisoners (Early Release) (Scotland) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Prisoners (Early Release) (Scotland) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act.
  • Submitted by: Shona Robison
  • Date lodged: Wednesday, 20 November 2024
  • Motion reference: S6M-15551
  • Current status: Taken in the Chamber on Thursday, 21 November 2024

Result 92 for, 30 against, 0 abstained, 7 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 21 November 2024

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Emergency Bill

At Stage 2, an Emergency Bill shall be taken by a Committee of the Whole Parliament.

Committee of the Whole Parliament

Bill as amended at Stage 2

The Bill ended Stage 2 on 26 November 2024

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the amendments considered and debated at the meeting held on 26 November 2024.

Marshalled List of Amendments for Stage 3 (223KB, pdf) posted 26 November 2024

Groupings of Amendments for Stage 3 (245KB, pdf) posted 26 November 2024

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Prisoners (Early Release) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Prisoners (Early Release) (Scotland) Bill be passed.
  • Submitted by: Angela Constance
  • Date lodged: Monday, 25 November 2024
  • Motion reference: S6M-15603
  • Current status: Taken in the Chamber on Tuesday, 26 November 2024

Result 67 for, 54 against, 0 abstained, 8 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

Final version of the Bill

The Bill ended Stage 3 on 26 November 2024

What's next?

The Bill has been passed by the Parliament. It will become an Act of the Scottish Parliament once it receives Royal Assent from the King. This usually happens after around 4 weeks. During that time the Bill will be looked at to ensure it is within the powers of the Scottish Parliament. It may not be sent for Royal Assent if an issue is found.