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...