Regulation 5 Transitional provision: short-term prisoners on licence
Sub-paragraph (2) applies where—
at the end of the day immediately prior to these Regulations coming into force, a person is on licence under section 3 (power to release prisoners on compassionate grounds) or 3AA (further powers to release prisoners)f1 of the 1993 Act in respect of a short-term sentence, and
the duration of the person’s licence is provided for in section 11(3)(a)(ii) or (3B)f2 of the 1993 Act.
Where the person’s licence is changed by these Regulations, the licence remains in force (unless it is revoked) until the later of—
the date on which these Regulations come into force, or
the date mentioned in section 11(3)(a)(ii) or (as the case may be) (3B) of the 1993 Act (ignoring for these purposes the effect of regulation 4).
For the purposes of this regulation, “short-term sentence” means the sentence of imprisonment to which a short-term prisoner (within the meaning of section 27(1) of the 1993 Act) is subject.
Annotations
Footnotes
- f1
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Section 3AA was inserted by section 15(5) of the Management of Offenders (Scotland) Act 2005 (asp 14). Section 3AA has been amended by the Home Detention Curfew Licence (Amendment) (Scotland) Order 2016 (S.S.I. 2016/416), the Management of Offenders (Scotland) Act 2019 (asp 14), the Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), the Prisoners (Early Release) (Scotland) Act 2025 (asp 1) and the Home Detention Curfew (Amendment of Specified Time Periods) (Scotland) Order 2025 (S.S.I. 2025/242).
- f2
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Section 11(3)(a) was inserted by section 9 of the Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3). Subsection (3B) was inserted by section 15 of the Management of Offenders etc. (Scotland) Act 2005 (asp 14).