OpenLegislation

Section 3AA Further powers to release prisonersF1

England, Wales and Scotland

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

(1)

Subject to subsections (2) to (5) below, the Scottish Ministers may release on licence under this section—

(a)

a short-term prisoner serving a sentence of imprisonment for a term of three months or more; or

(b)

a long-term prisoner whose release on having served one-half of his sentence has been recommended by the Parole Board.

(2)

The power in subsection (1) above is not to be exercised before the prisoner has served F2F315% of the prisoner's sentence.

C1(3)

Without prejudice to subsection (2) above, the power in subsection (1) above is to be exercised only during that period of F4196 days which ends on the day 14 days before that on which the prisoner F5is entitled to be released under this Part.

(4)

In exercising the power conferred by subsection (1) above, the Scottish Ministers must have regard to considerations of—

(a)

protecting the public at large;

(b)

preventing re-offending by the prisoner; and

(c)

securing the successful re-integration of the prisoner into the community.

(5)

Subsection (1) above does not apply where—

(a)

the prisoner's sentence was imposed under section 210A of the 1995 Act;

(b)

the prisoner is subject to a supervised release order made under section 209 of that Act;

(c)

the prisoner is subject to a hospital direction imposed under section 59A of that Act or a transfer for treatment direction made under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

(d)

the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42);

(e)

the prisoner is liable to removal from the United Kingdom (within the meaning of section 9 of this Act);

F6(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

The Scottish Ministers may by order do any or all of the following—

(a)

amend the number of months for the time being specified in subsection (1)(a) above;

(F7b)

amend a period for the time being specified in subsection (2) above (which may be done by amending the subsection to describe a period as a particular length of time or a proportion of a prisoner's sentence),

(c)

amend a number of days for the time being specified in subsection (3) above;

(d)

amend any paragraph of subsection (5) above, add a further paragraph to that subsection or repeal any of its paragraphs.

F8(7)

For the avoidance of doubt, nothing in this section requires the Parole Board to make a decision by a particular date about whether to recommend that a long-term prisoner be released having served one-half of the prisoner's sentence.

F9(8)

This section does not apply in relation to a person to whom section 1AB applies.

Annotations

Textual amendments

F1

S. 3AA inserted after s. 3 (3.7.2006 for specified purposes, otherwise 21.3.2008) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(5), 24(2); S.S.I. 2006/331, art 3(4)(5); S.S.I. 2008/21, art. 2(2)

F2

Words in s. 3AA(2) substituted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 48(2), 63(2); S.S.I. 2019/309, reg. 2

F3

Word in s. 3AA(2) substituted (20.10.2025) by The Home Detention Curfew (Amendment of Specified Time Periods) (Scotland) Order 2025 (S.S.I. 2025/242), arts. 1, 2(2)

F4

Words in s. 3AA(3) substituted (20.10.2025) by The Home Detention Curfew (Amendment of Specified Time Periods) (Scotland) Order 2025 (S.S.I. 2025/242), arts. 1, 2(3)

F5

Words in s. 3AA(3) substituted (11.2.2025) by Prisoners (Early Release) (Scotland) Act 2025 (asp 1), s. 8(2), sch. para. 1(2) (with sch. paras. 3, 4); S.S.I. 2025/17, reg. 2

F6

S. 3AA(5)(f)(g) repealed (14.12.2016) by The Home Detention Curfew Licence (Amendment) (Scotland) Order 2016 (S.S.I. 2016/416), arts. 1, 2

F7

S. 3AA(6)(b) substituted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 48(3), 63(2); S.S.I. 2019/309, reg. 2

F8

S. 3AA(7) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 48(4), 63(2); S.S.I. 2019/309, reg. 2

F9

S. 3AA(8) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 4(4), 10(4)

Modifications

C1

S. 3AA(3) modified (temp.) (11.2.2025) by Prisoners (Early Release) (Scotland) Act 2025 (asp 1), s. 8(2), sch. para. 5 (with sch. paras. 3, 4); S.S.I. 2025/17, reg. 2

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))