Prisoners and Criminal Proceedings (Scotland) Act 1993 (as prospectively amended) P ART 1 D ETENTION , T RANSFER AND R ELEASE OF O FFENDERS Early release 1 Release of short-term, long-term and life prisoners (1) Subject to section 26A(4) of this Act, as soon as a short-term prisoner, not being a prisoner to whom section 1AA of this Act applies, has served one-half of his sentence the Secretary of State shall, without prejudice to any supervised release order to which the prisoner is subject, release him unconditionally. (1A) Subsections (2) and (2A) apply as follows— (a) subsection (2) applies in relation to a long-term prisoner who is serving a sentence imposed before 1st February 2016, (b) subsection (2A) applies in relation to a long-term prisoner who is— (i) serving a sentence imposed on or after 1st February 2016, and (ii) not subject to an extended sentence within the meaning of section 210A of the 1995 Act. (1B) For the purpose of subsection (1A), a sentence specified on appeal in substitution for a sentence imposed earlier is to be regarded as imposed when the earlier sentence was imposed. (2) As soon as a long-term prisoner has served two-thirds of his sentence, the Secretary of State shall release him on licence unless he has before that time been so released, in relation to that sentence, under any provision of this Act. (2A) As soon as a long-term prisoner has only 6 months of the prisoner's sentence left to serve, the Scottish Ministers must release the prisoner on licence unless the prisoner has previously been so released in relation to that sentence under any provision of this Act. (3) After a long-term prisoner has served one-half of the prisoner's sentence, the Scottish Ministers must release the prisoner on licence if recommended to do so by the Parole Board. 1 (3A) Subsections (1) to (3) above are subject to sections 1A and 1B of this Act. (3B) The Parole Board must publish, in such manner as it considers appropriate, the test it will apply in making a recommendation under subsection (3). (4) [repealed] (5) [repealed] (6) [repealed] (7) [repealed] (8) Schedule 1 to this Act, which makes special provision as respects the release of persons serving both a sentence of imprisonment imposed on conviction of an offence and a term of imprisonment or detention referred to in section 5(1)(a) or (b) of this Act, shall have effect. (9) This section does not apply in relation to a person to whom section 1AB applies to the extent that the person is serving a sentence of imprisonment imposed in respect of an offence within section 1AB(2). ... 1A Application to certain persons serving more than one sentence (1) Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act— (a) nothing in this Part of this Act shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the other terms; (b) nothing in this Part of this Act shall require the Secretary of State or the Parole Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Parole Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the other terms; and (c) where he is released on licence under this Part of this Act, other than on licence under section 3AA or 3AB, he shall be on a single licence which— (i) shall (unless revoked) remain in force until the date on which he would (but for his release) have served in full all the sentences in respect of which he has been so released; and (ii) shall be subject to such conditions as may be specified under or required by this Part of this Act in respect of any of the sentences. (2) Where a prisoner who is serving any term of imprisonment receives a sentence of imprisonment or other detention for life, for an indeterminate period or without limit of time which is to take effect on the day after he would (but for the sentence so received) be entitled to be released from the term, nothing in this Part of this Act shall require— (a) the Scottish Ministers to release him in respect of any such term unless and until they are required to release him in respect of the sentence so received; or (b) the Scottish Ministers or the Parole Board to consider his release in respect of any such term unless and until the Scottish Ministers are or the Parole Board is required to consider his release, or the Scottish Ministers are required to release him, in respect of the sentence so received. 2 1B Prisoners serving consecutive sentences including at least one terrorism sentence (1) This section applies where— (a) a prisoner has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, (b) one or more of the sentences (the “terrorism sentence”) was imposed in respect of an offence within section 1AB(2), and (c) the sentences were imposed on the same occasion or, where they were imposed on different occasions, the prisoner has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions. (2) If the prisoner is serving a terrorism sentence and a sentence imposed in respect of an offence that is not within section 1AB(2) (a “non-terrorism sentence”), the terrorism sentence is to be served (or, where subsection (7) applies, treated as being served) after the non-terrorism sentence irrespective of when the sentences were imposed. (3) Where subsection (2) applies, the prisoner is to be taken to begin serving the custodial part of the terrorism sentence (or first such sentence) as soon as the prisoner has served the custodial part of the non-terrorism sentence. (4) If (but for this section) the prisoner would have been released on licence under this Part in respect of a non-terrorism sentence, the period during which the prisoner would have been on licence under this Part is to be served concurrently with the custodial part of the terrorism sentence. (5) The prisoner may not be released under this Part in respect of the terrorism sentence unless and until the prisoner has served the aggregate of— (a) if the prisoner is serving a non-terrorism sentence, the custodial part of the sentence, and (b) the custodial part of each terrorism sentence that the prisoner is serving. (6) Subsection (7) applies where— (a) a non-terrorism sentence is imposed on the prisoner (the “new sentence”), and (b) the prisoner has already served part of the custodial part of a terrorism sentence (the “served part”). (7) The prisoner is to be treated as having served— (a) where the served part is less than the custodial part of the new sentence, such part of the custodial part of the new sentence as is equal to the served part, (b) where the served part is equal to the custodial part of the new sentence, the custodial part of the new sentence, (c) where the served part exceeds the custodial part of the new sentence— (i) the custodial part of the new sentence, and (ii) so much of the custodial part of the terrorism sentence as is equal to the amount by which the served part exceeds the custodial part of the new sentence. (8) Nothing in this Part requires— 3 (a) the Scottish Ministers to release the prisoner in respect of any of the terms of imprisonment unless and until they are required to release the prisoner in respect of each of the other terms of imprisonment, (b) the Scottish Ministers or the Parole Board to consider the prisoner's release in respect of any of the terms of imprisonment unless and until the Ministers are or the Board is required to consider the prisoner's release, or the Ministers are required to release the prisoner, in respect of each of the other terms. (9) If the prisoner is released on licence under this Part the prisoner is to be on licence, on and after the release, until the prisoner would, but for the release, have served a term equal in length to the aggregate length of the term of imprisonment of any non-terrorism sentence and the term or, as the case may be, terms of imprisonment for the terrorism sentence or sentences less the period mentioned in subsection (10). (10) The period is— (a) any period served concurrently in accordance with subsection (4), and (b) if (but for this section) the prisoner would have been released unconditionally under section 1(1) in respect of a non-terrorism sentence, the period equal to one- half of the term of that sentence. (11) Where a prisoner to which this section applies is released on licence under this Part (other than a licence under section 3AA or 3AB), the release is to be on a single licence which is to be subject to such conditions as may be specified or required by this Part in relation to all the sentences in respect of which the prisoner has been so released. (12) In this section “custodial part”, in relation to a term of imprisonment means a period equal to the part of the term that (but for this section) the prisoner would be required to serve before— (a) the Scottish Ministers are required to release the prisoner under this Part, or (b) the Parole Board is first entitled under this Part to make a recommendation that the prisoner be released on licence under this Part. (13) In this section— (a) references to a non-terrorism sentence include references to two or more such sentences that are treated as a single term by virtue of section 27(5) (whether imposed before, after or both before and after a terrorism sentence), and (b) where subsection (7) applies, the references in that subsection to the “custodial part of the new sentence” include references to the custodial part of the single term. (14) This section applies to a prisoner on whom sentence was imposed before the day on which paragraph 52(6) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021 came into force as it applies to a prisoner on whom sentence was imposed on or after that day. ... 3AA Further powers to release short-term prisoners (1) Subject to subsections (2) to (5) below, the Scottish Ministers may release on licence under this section— (a) a short-term prisoner serving a sentence of imprisonment for a term of three months or more; or 4 (b) a long-term prisoner whose release on having served one-half of his sentence has been recommended by the Parole Board. (2) The power in subsection (1) above is not to be exercised before the prisoner has served one quarter of the prisoner's sentence. (3) Without prejudice to subsection (2) above, the power in subsection (1) above is to be exercised only during that period of 166 days which ends on the day 14 days before that on which the prisoner will have served one half of his sentence. (4) In exercising the power conferred by subsection (1) above, the Scottish Ministers must have regard to considerations of— (a) protecting the public at large; (b) preventing re-offending by the prisoner; and (c) securing the successful re-integration of the prisoner into the community. (5) Subsection (1) above does not apply where— (a) the prisoner's sentence was imposed under section 210A of the 1995 Act; (b) the prisoner is subject to a supervised release order made under section 209 of that Act; (c) the prisoner is subject to a hospital direction imposed under section 59A of that Act or a transfer...