OpenLegislation

Early release Early release

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  1. 1Release of short-term, long-term and life prisoners.
  2. 1AARelease of certain sexual offenders
  3. 1ABRestricted eligibility for release on licence of terrorist prisoners and other prisoners serving a sentence imposed under section 205ZC of the 1995 Act
  4. 1AApplication to certain persons serving more than one sentence.
  5. 1BPrisoners serving consecutive sentences including at least one terrorism or national security-related sentence
  6. 2Duty to release discretionary life prisoners.
  7. 2ARules for section 2(2)(d) cases
  8. 2BAssessment under section 2A(1)(a) and (b)
  9. 3Power to release prisoners on compassionate grounds.
  10. 3AAFurther powers to release prisoners
  11. 3ARe-release of prisoners serving serious terrorism sentences, sentences with a fixed licence period and extended sentences.
  12. 3CPower to release early
  13. 3DParliamentary scrutiny of regulations made under section 3C
  14. 3EEffect of early release from prison or young offenders institution by virtue of regulations
  15. 4Persons detained under Mental Health (Scotland) Act 1984.
  16. 5Fine defaulters and persons in contempt of court.
  17. 6Application to young offenders and to children detained without limit of time.
  18. 7Children detained in solemn proceedings.
  19. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  20. 9Persons liable to removal from the United Kingdom.
  21. 10Life prisoners transferred to Scotland.
  22. 10ATransfer of supervision of life prisoners
  23. 11Duration of licence.
  24. 12Conditions in licence.
  25. 12ZAConditions for persons released on licence under section 3C(3)
  26. 12AAConditions for persons released on licence under section 3AA
  27. 12ABCurfew condition
  28. 12ASuspension of licence conditions
  29. 12BCertain licences to be replaced by one
  30. 13Supervision of persons released on licence.
  31. 14Supervised release of short-term prisoners.
  32. 15Variation of supervised release order etc.
  33. 16Commission of offence by released prisoner.
  34. 17Revocation of licence.
  35. 17ARecall of prisoners released under section 3AA
  36. 18Breach of supervised release order.
  37. 19Appeals in respect of decisions relating to supervised release orders.
  38. 20The Parole Board for Scotland.
  39. 21Parole advisers.
  40. 21AOperating protocol for release on licence under section 3AA

Notes on Part I

Modifications

C1

Pt. 1 modified (S.) (20.10.1997) by 1997 c. 48, s. 16(2)(3) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

C2

Pt. 1 applied (S.) (8.10.2001) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), ss. 4, 15(2), Sch. paras. 29, 66, 67, 77 (with Sch. para. 65); S.S.I. 2001/274, art. 3(3) (and by that para. 67 as substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(b)(v), 89(2); S.S.I. 2003/288, art. 2, Sch.)

C3

Pt. 1 applied (S.) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), Sch. para. 7A (as inserted) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(a), 89(2); S.S.I. 2003/288, art. 2, Sch.

C4

Pt. 1: power to modify conferred (S.) (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 94(3)(4), 104(1); S.S.I. 2007/84, art. 3(2)

C5

Pt. I: power to modify conferred (S.) (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 3

C6

Pt. 1 applied by 1984 c. 47, Sch. para. 2(3A) (as inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(4))

C7

Pt. 1 applied by 1984 c. 47, Sch. para. 2 (as modified (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 4)

C8

Pt. 1 modified by 2007 asp 17, Sch. 6 (as substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 19, 206(1); S.S.I. 2011/178, art. 2, sch.); (as amended (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(5), 63(2); S.S.I. 2019/309, reg. 2; (30.4.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 58); (16.1.2026) by S.S.I. 2026/4, regs. 1, 2(2)(3); and (24.3.2026) by S.S.I. 2026/137, arts. 1, 2(2))