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Last updated:
26 November 2024
SPBill53AS062024
P ART 2 T RANSITIONAL AND TRANSITORY PROVISION 15 Initial release of individuals when automatic early release date changes 3 (1) Where— (a) a prisoner’s release date is changed by this Act, and (b) the prisoner is mentioned in an entry in the first column of the table in sub-paragraph (2), 20 the prisoner is, instead of being released on the prisoner’s new release date, to be released within the period mentioned in the corresponding entry in the second column of the table. (2) The table is— 24 Prisoners to whom release period applies Release period 25 25 A prisoner whose new release date falls on or The period of 3 days beginning 26 before the day that is 30 days before the with the first Tuesday after the 27 commencement date. commencement date. 28 A prisoner whose new release date falls within The period of 3 days beginning 29 the period— with the third Tuesday after the 30 30 (a) beginning 29 days before the commencement commencement date. date, and (b) ending the day before the commencement date. 34 A prisoner whose new release date falls within The period of 3 days beginning 35 35 the period— with the fifth Tuesday after the 7 Prisoners (Early Release) (Scotland) Bill Schedule—Consequential, transitional and transitory provision Part 2—Transitional and transitory provision 24 Prisoners to whom release period applies Release period 2 (a) beginning with the commencement date, and commencement date (“the final 3 (b) ending the day before the final release period release period”). begins. 5 (3) But if a prisoner would, if released in accordance with sub-paragraph (1), be released after the prisoner’s original release date, the prisoner is instead to be released on the prisoner’s original release date. (4) Where— (a) a child’s release date is changed by section 2, and 10 (b) the child’s new release date is before the date on which section 2 comes into 1 force, the child is, instead of being released on the child’s new release date, to be released on the date on which section 2 comes into force. (5) In this paragraph— 15 “child” means a person who, on the day before the date on which section 2 comes into force, is under the age of 18, “commencement date” means the date on which this paragraph comes into force, “new release date”, in relation to a prisoner or a detained child, means the date to which the person’s release date is changed by section 1 or (as the case may 20 be) 2, “original release date”, in relation to a prisoner or a detained child, means the date from which the person’s release date is changed by section 1 or (as the case may be) 2, “prisoner” includes— 25 (a) a person who, having been detained as a child under section 208 of the Criminal Procedure (Scotland) Act 1995, is now detained in a young offenders institution or prison, (b) any other person detained in a young offenders institution, “release date” means the date on which a person is entitled to be released in 30 accordance with Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or (as the case may be) section 44 of the Criminal Procedure (Scotland) Act 1995.
Last updated:
18 November 2024
SPBill53S062024
P ART 2 T RANSITIONAL AND TRANSITORY PROVISION 15 Initial release of individuals when automatic early release date changes 3 (1) Where— (a) a prisoner’s release date is changed by this Act, and (b) the prisoner is mentioned in an entry in the first column of the table in sub-paragraph (2), 20 the prisoner is, instead of being released on the prisoner’s new release date, to be released within the period mentioned in the corresponding entry in the second column of the table. (2) The table is— 24 Prisoners to whom release period applies Release period 25 25 A prisoner whose new release date falls on or The period of 3 days beginning 26 before the day that is 30 days before the with the first Tuesday after the 27 commencement date. commencement date. 28 A prisoner whose new release date falls within The period of 3 days beginning 29 the period— with the third Tuesday after the 30 30 (a) beginning 29 days before the commencement commencement date. date, and (b) ending the day before the commencement date. 34 A prisoner whose new release date falls within The period of 3 days beginning 35 35 the period— with the fifth Tuesday after the 6 Prisoners (Early Release) (Scotland) Bill Schedule—Consequential, transitional and transitory provision Part 2—Transitional and transitory provision 24 Prisoners to whom release period applies Release period 2 (a) beginning with the commencement date, and commencement date (“the final 3 (b) ending the day before the final release period release period”). begins. 5 (3) But if a prisoner would, if released in accordance with sub-paragraph (1), be released after the prisoner’s original release date, the prisoner is instead to be released on the prisoner’s original release date. (4) Where— (a) a child’s release date is changed by section 2, and 10 (b) the child’s new release date is before the date on which section 2 comes into 1 force, the child is, instead of being released on the child’s new release date, to be released on the date on which section 2 comes into force. (5) In this paragraph— 15 “child” means a person who, on the day before the date on which section 2 comes into force, is under the age of 18, “commencement date” means the date on which this paragraph comes into force, “new release date”, in relation to a prisoner or a detained child, means the date to which the person’s release date is changed by section 1 or (as the case may 20 be) 2, “original release date”, in relation to a prisoner or a detained child, means the date from which the person’s release date is changed by section 1 or (as the case may be) 2, “prisoner” includes— 25 (a) a person who, having been detained as a child under section 208 of the Criminal Procedure (Scotland) Act 1995, is now detained in a young offenders institution or prison, (b) any other person detained in a young offenders institution, “release date” means the date on which a person is entitled to be released in 30 accordance with Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or (as the case may be) section 44 of the Criminal Procedure (Scotland) Act 1995.
Last updated:
1 February 2023
Stage 1 DPLRC Questions SG Response Charities Regulation and Administration Scotland Bill signed
It is also important to note that the factors mentioned in new section 5(4)(a) to (e) are not determinative as they are only factors to be considered.
Last updated:
10 August 2022
LisaClaireWhitten30June2022
As indicated in the Table below, as of 1 January 2022, 312 EU regulations, directives and decisions applied; 26 less than when the Protocol was first agreed in October 2019.
Official Report
Meeting date:
26 March 2024
Local Government, Housing and Planning Committee 26 March 2024
Local Government, Housing and Planning Committee 26 March 2024 Local Government, Housing and Planning Committee 26 March 2024Decision on Taking Business in Private Decision on Taking Business in Private Good morning and welcome to the 10th meeting in 2024 of the Local Government, Housing and Planning Committee.
Committee reports
Date published:
19 September 2024
Net Zero, Energy and Transport Committee report on the Environmental Protection (Single-Use Vapes) (Scotland) Regulations 2024 (draft) - Definition of Single-Use Vapes and Avoiding Unintended Consequences
Official Report, 3 September 2024, col 26.
A key concern raised by stakeholders, was that vapes that are technically refillable and rechargeable but are sold cheaply, are difficult to refill, or are not perceived as durable may still be treated as single-use by consumers.
Committees
Published:
26 January 2022
Scottish Government Budget 2022/23 - follow up from the Cabinet Secretary for Rural Affairs and Islands
Letter to the Convener from the Cabinet Secretary for Rural Affairs and Islands, Mairi Gougeon, 26 January 2022 in relation to the Scottish Government Budget 2022/23.
SPICe briefings
Date published:
25 June 2021
Climate Change - Subject Profile - COP 26
COP 26
The 26th United Nations Conference of the Parties (COP 26), to be held in Glasgow in November 2021, is the largest international negotiation ever to be held in the UK.
Committee reports
Date published:
24 March 2021
Local Government and Communities Committee Session 5 Legacy Report - Legislation
The Committee's report was published on 26 February 2021.
Subordinate Legislation
The Committee considered 161 Scottish Statutory Instruments over the session. 35 Affirmative and 126 Negative.
Official Report
Meeting date:
15 January 2019
Delegated Powers and Law Reform Committee 15 January 2019
Regulation 3(2)(d) does not include an “and” after the new penultimate paragraph that is inserted by the regulation.
