
2024 No. 169
Prisons
The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024
Made 12th June 2024
Coming into force 13th June 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 3C of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), section 16ZA(2)(a) of the Criminal Justice (Scotland) Act 2003, section 27B(2)(a) of the Victims and Witnesses (Scotland) Act 2014 and all other powers enabling them to do so.
In accordance with section 3D(1) of the 1993 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

The Scottish Ministers are satisfied that making these Regulations is necessary and proportionate, in response to the effects that an emergency situation is having, and is likely to have, on prisons generally, for the purposes of protecting (a) the security and good order of prisons, or (b) the health, safety and welfare of prisoners, or those working, in prisons.
Citation, commencement, application and interpretation
1 

(1) These Regulations may be cited as the Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024 and come into force on 13 June 2024.
(2) These Regulations apply to all prisons in Scotland.
(3) In these Regulations, any reference to a person being released under section 1(1) of the 1993 Act includes a person who is released under that section as applied by section 6(1)(a)(iii) of that Act.
(4) In these Regulations—
 “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993,
 “Glasgow City Council” means the local authority for the local government area of the City of Glasgow in terms of the Local Government etc. (Scotland) Act 1994,
 “the latest release date” means 25 July 2024.
Description of persons specified to be released early from prison
2 

(1) A person who falls within the description of persons specified in paragraph (2) is to be released early from prison in accordance with regulation 3.
(2) The class of persons to be released early are any person who—
(a) falls within paragraph (3), and
(b) does not fall within paragraph (4).
(3) A person falls within this paragraph if the person—
(a) is serving a sentence of imprisonment or detention for a period of less than four years, and
(b) is due to be released under sections 1(1) or 7(1)(a) of the 1993 Act within the 180 days following the date on which these Regulations come into force.
(4) A person falls within this paragraph if –
(a) the person has served a sentence of imprisonment or detention for an offence that was aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 which was recorded as such under section 1(5)(b) of that Act and on the date which these Regulations come into force the conviction for which is not spent for the purposes of the Rehabilitation of Offenders Act 1974,
(b) the person has served a sentence of imprisonment or detention for an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018 which on the date these Regulations come into force the conviction for which is not spent for the purposes of the Rehabilitation of Offenders Act 1974,
(c) the person is the subject of a non-harassment order imposed under section 234A of the Criminal Procedure (Scotland) Act 1995 or section 8 or 8A of the Protection from Harassment Act 1997,
(d) the person has been sentenced to a term of imprisonment or detention on or after 17 July 2024.
Timing of release
3 

(1) A person who is to be released in accordance with regulation 2 must be released in accordance with this regulation.
(2) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act within the 45 days following the date on which these Regulations come into force, that person is to be released from prison in accordance with these Regulations no later than 27 June 2024.
(3) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act more than 45 days but within 90 days following the date on which these Regulations come into force, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 3 July 2024, and
(b) no later than 4 July 2024.
(4) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act more than 90 days but within 135 days following the date on which these Regulations come into force, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 10 July 2024, and
(b) no later than 11 July 2024.
(5) Where a person is due to be released under section 1(1) or 7(1)(a) of the 1993 Act more than 135 days but within 180 days following the date on which these Regulations come into force, that person is to be released from prison in accordance with these Regulations—
(a) no earlier than 17 July 2024, and
(b) no later than the 18 July 2024.
(6) Where a person is to be released in accordance with paragraphs (2), (3), (4) or (5) but their release did not take place on the dates specified in those paragraphs, that person is to be released as soon as reasonably practicable, but no later than the latest release date.
Description of victim supporters entitled to information
4 
The persons to which section 16ZA(2) of the Criminal Justice (Scotland) Act 2003 applies, and to which section 27B(2) of the Victims and Witnesses (Scotland) Act 2014 applies, (a “supporter”) are prescribed as—
(a) the person described as Victim Support Scotland, registered in the Scottish Charity Register with charity number SC002138,
(b) the person described as Rape Crisis Scotland, registered in the Scottish Charity Register with charity number SC025642,
(c) the person described as ASSIST, a support and advocacy service provided by Glasgow City Council, and
(d) the person described as Children 1st, registered in the Scottish Charity Register with charity number SC016092.
ANGELA CONSTANCE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
12th June 2024