The DPLR Committee, however, agreed to draw to the attention of the Criminal Justice Committee that the draft instrument would have the following effects:
The Explanatory Note and Policy Note state that the first group of prisoners will be released between 26 and 27 June, but the draft instrument does not provide that 26 June is the earliest permitted release date. Therefore, under regulation 3(2) the first group of prisoners could, in theory, be released at any point from 13 June to 27 June;
The draft instrument has the effect that a prisoner who is sentenced on a date between 13 June and 16 July could, in certain circumstances, be released the next day, and the Scottish Government has indicated that this is in line with the policy intention; and
The ability for a victim to nominate a supporter (in section 16ZA of the Criminal Justice (Scotland) Act 2003 and 27B of the Victims and Witnesses (Scotland) Act 2014, as inserted by the Bail and Release from Custody (Scotland) Act 2023) only came into force on 26 May 2024; and regulation 4, which prescribes the victim support organisations which are to be able to receive information concerning the person who committed an offence against the victim, will only commence on 13 June 2024.