In section 12B (certain licences to be replaced by one), in subsection (4), after “3AA” (9) 35 insert “or 3AB”. (10) In section 17 (revocation of licence), in subsection (7), after “3AA” insert “or 3AB(1)”. (11) In section 17A (recall of prisoners released under section 3AA)— (a) in subsection (1), after “3AA” insert “or 3AB(1)”, (b) in subsection (5B), after “3AA” insert “or, as the case may be, 3AB(1)”, 40 (c) in the section title, after “3AA” insert “or 3AB(1)”. 9 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (12) In section 21A (operating protocol for release on licence under section 3AA)— (a) in subsection (1), after “3AA” in each place it occurs insert “or 3AB”, (b) in the section title, after “3AA” insert “or 3AB”. (13) In section 32A of the Prisons (Scotland) Act 1989 (offence where person unlawfully at 5 large), in subsection (1)(a), after “section” insert “11(3D),”. (14) In section 7 of the Management of Offenders (Scotland) Act 2019 (list of relevant conditions which may be monitored electronically), in subsection (1)(a)— (a) for “12AA(1)(b)” substitute “12AA(1)”, (b) after “3AA” insert “or 3AB”. 10 8 Power to release early 1 (1) The 1993 Act is amended as follows. (2) After section 3B (review of decisions as to determinate sentences) insert— “3C Power to release early (1) The Scottish Ministers may by regulations provide that a person of a description 15 specified in the regulations is to be released from prison early on a date that is— (a) either— (i) specified in the regulations, or (ii) determined in accordance with provision made in the regulations, 20 and (b) not later than the regulations’ latest release date. (2) The Scottish Ministers may make regulations under this section only if they are satisfied that making the regulations is necessary and proportionate, in response to the effects an emergency situation is having or is likely to have 25 on a prison or prisons generally, for the purpose of protecting— (a) the security and good order of any prison to which the regulations would relate, or (b) the health, safety or welfare of prisoners, or those working, in any such prison. 30 (3) Regulations under this section may— (a) provide that long term prisoners released by virtue of those regulations are released on licence, (b) specify standard conditions which must be included in any licence granted by virtue of paragraph (a). 35 (4) A person is not to be released from prison by virtue of regulations under this section if— (a) the person falls within subsection (5), or (b) the governor of the prison within which the person is detained considers that the person would, if released, pose an immediate risk of harm to 40 an identified person. 10 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (5) A person falls within this subsection if the person is— (a) a life prisoner, (b) an untried prisoner, (c) a terrorist prisoner within the meaning of section 1AB, 5 (d) due to serve a terrorism sentence within the meaning of section 1B but, by virtue of that section, is not yet serving it, (e) liable to removal from the United Kingdom for the purposes of section 9, (f) subject to a supervised release order under section 209 of the Criminal 10 Procedure (Scotland) Act 1995, 1 serving a sentence passed under section 210A of that Act (extended (g) sentences for sex, violent and terrorist offenders), (h) the subject of proceedings under the Extradition Act 2003, (i) subject to the notification requirements of Part 2 of the Sexual Offences 15 Act 2003, (j) serving a sentence of imprisonment or detention for an offence— (i) that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, or (ii) under section 1(1) of the Domestic Abuse (Scotland) Act 2018, 20 (k) a long-term prisoner, unless that prisoner has been recommended for release by the Parole Board at the date on which the regulations are made. (6) Regulations under this section may make different provision for different purposes. 25 In this section— (7) “emergency situation” means— the incidence or spread of infection, contamination or the source (a) of contamination which presents or could present significant harm to human health in Scotland (whether from risks originating there 30 or elsewhere), (b) an event or situation which has resulted in any prison (or part of a prison) to which the regulations would relate being unusable, (c) any other event or situation which is reasonably considered by the Scottish Ministers to place at significant risk— 35 (i) the security and good order of a prison or prisons generally, (ii) the health, safety, and welfare of prisoners, or those working, in any such prison, “governor” in relation to a prison, means— (a) the governor appointed for the prison under section 3(1A) of the 40 Prisons (Scotland) Act 1989, or 11 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (b) in the case of a contracted out prison, the director appointed for the prison under section 107(1)(a) of the Criminal Justice and Public Order Act 1994, “latest release date” means a date specified in the regulations in question, 5 which must be a date within the period of 180 days beginning with the day that the regulations are made, “untried prisoner” means a person who, whether or not in prison for any other reason, is in prison— (a) having been committed for examination or trial on a criminal 10 charge, 1 (b) by virtue of remand in custody under the Extradition Act 2003, (c) by virtue of detention under Schedule 2 or 3 of the Immigration Act 1971, or (d) following conviction and awaiting sentence. 15 3D Parliamentary scrutiny of regulations made under section 3C Regulations under section 3C are subject to the affirmative procedure, unless (1) subsection (2) applies to them. (2) This subsection applies to regulations if— (a) they do not provide for the release of any person more than 180 days 20 earlier than the Scottish Ministers would otherwise be required to release the person, and (b) the Scottish statutory instrument containing the regulations includes a declaration that the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without their being 25 subject to the affirmative procedure. (3) Where subsection (2) applies to regulations— section 30 of the Interpretation and Legislative Reform (Scotland) Act (a) 2010 does not apply to the regulations, (b) the Scottish statutory instrument containing the regulations must be laid 30 before the Scottish Parliament as soon as practicable after they are made, (c) the Scottish Ministers must explain why they are of the opinion that, by reason of urgency, it is necessary to make the regulations without their being subject to the affirmative procedure, and the regulations cease to have effect at the end of the period of 28 (d) days 35 beginning with the day on which they are made unless, during that period, the Scottish statutory instrument containing them is approved by resolution of the Parliament. (4) In calculating the period of 28 days mentioned in subsection (3)(d), no account is to be taken of any time during which the Scottish Parliament is— 40 in recess...