#2026/168The Prisoners (Early Release) (Miscellaneous Amendment and Transitional Provisions) (Scotland) Regulations 2026
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These regulations amend the Prisoners and Criminal Proceedings (Scotland) Act 1993 and the Criminal Procedure (Scotland) Act 1995 to facilitate earlier release of certain prisoners. They introduce changes to release mechanisms and licence conditions for short-term prisoners. Transitional provisions govern the initial release of individuals and the management of short-term prisoners already on licence. The regulations were made on 19 March 2026 and come into force on 12 May 2026, exercising powers inserted by the Prisoners (Early Release) (Scotland) Act 2025.
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Key Changes
- Amends the Prisoners and Criminal Proceedings (Scotland) Act 1993 under powers from the 2025 Act
- Amends section 44 of the Criminal Procedure (Scotland) Act 1995
- Introduces transitional provisions for initial release of individuals effective from 12 May 2026
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Obligations
What this law requires
Scottish Ministers must consult with persons listed in section 27A(5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and other appropriate persons before making regulations under these powers
Scottish Ministers must make a statement to the Scottish Parliament in relation to these Regulations in accordance with section 27A(6) of the Prisoners and Criminal Proceedings (Scotland) Act 1993
A draft of the instrument must be laid before and approved by resolution of the Scottish Parliament in accordance with section 27A(2)(d) of the Prisoners and Criminal Proceedings (Scotland) Act 1993
Implement amendments to the Prisoners and Criminal Proceedings (Scotland) Act 1993 regarding early release mechanisms for short-term prisoners
Implement amendments to section 44 of the Criminal Procedure (Scotland) Act 1995 as specified in these Regulations