This is a Government bill
The Bill was introduced on 18 November 2024. Stage 3 ended on 26 November 2024.
The Bill has been passed. Royal Assent is required for it to become an Act.
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).
The Bill has been introduced by the Scottish Government to manage the rising prison population.
Prisoners (Early Release) (Scotland) Bill as introduced (520KB, pdf) posted 18 November 2024
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
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
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
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
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.
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
Read the Official Report of the meeting
Read the minutes of the meeting (270KB, pdf) posted 20 November 2024
An Emergency Bill is a Government Bill that needs to be enacted more quickly than the normal timetable allows.
An Emergency Bill must be introduced as a Government Bill first and then the Parliament must agree to treat it as an Emergency Bill. Stages 1 to 3 of an Emergency Bill are all taken on the same day unless the Parliament agrees to an alternative timescale.
At Stage 1, the Bill is referred immediately to the Parliament to consider the general principles. There is no committee consideration and report on the general principles.
A Stage 1 debate took place on 21 November 2024 to consider and decide on the general principles of the Bill.
Result 69 for, 49 against, 3 abstained, 8 did not vote Vote Passed
See further details of the motion
Result 92 for, 30 against, 0 abstained, 7 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 21 November 2024
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.
At Stage 2, an Emergency Bill shall be taken by a Committee of the Whole Parliament.
During a Committee of the Whole Parliament, MSPs meet in the Chamber but operate under committee procedure, and with the Presiding Officer acting as convener.
Marshalled List of Amendments for Stage 2 (268KB, pdf) posted 25 November 2024
Groupings of Amendments for Stage 2 (314KB, pdf) posted 25 November 2024
Read the Official Report of the meeting
Watch the meeting on Scottish Parliament TV
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
The Bill ended Stage 2 on 26 November 2024
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.
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
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 67 for, 54 against, 0 abstained, 8 did not vote Vote Passed
See further details of the motion
Prisoners (Early Release) (Scotland) Bill as passed (707KB, pdf) posted 26 November 2024
The Bill ended Stage 3 on 26 November 2024
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.