Annexe A: Summary of relevant legislation passed by the Scottish Parliament
ActSectionPurposeIn forceFriday releasesPrisoners and Criminal Proceedings (Scotland) Act 1993Section 26CRelease timed to benefit re-integrationThe release of a prisoner may be brought forward if “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”.YesBail and Release from Custody (Scotland) Act 2023Section 8Prisoners not to be released on certain days of the weekPrevents the release of prisoners on Fridays and the day before public holidays (release on Saturdays, Sundays and public holidays was already prevented).NoBailBail and Release from Custody (Scotland) Act 2023Section 2Determination of good reason for refusing bailReframes the test which the court must apply when considering whether to grant bail, narrowing the court’s discretion to refuse bail.Yes (from 14/05/25)Section 3Removal of restriction on bail in certain solemn casesThe general bail test (as amended by Section 2) will apply to these solemn cases (where a person is accused of a violent, sexual, domestic or drug trafficking offence and has a previous conviction on indictment for an offence of that kind).Yes (from 14/05/25)ThroughcareBail and Release from Custody (Scotland) Act 2023Section 12Duty to engage in pre-release planningThe local authority, health board, Police Scotland, Skills Development Scotland, Social Security Scotland and integration joint board must engage in the development, management and delivery of a release plan if requested by Scottish Ministers (SPS).NoSection 13Throughcare supportScottish Ministers must publish throughcare standards no later than two years after this section comes into force.NoThe following SPS strategies will be relevant:
Mental Health Strategy 2024-2034
Alcohol and Drug Recovery Strategy 2024-2034
Family and Parenting Strategy 2024-2029
Following the Committee evidence session on 4 June 2025, the Scottish Recovery Consortium submitted significant additional written evidence.