PART 2RELEASE FROM CUSTODY

I18Prisoners not to be released on certain days of the week

1

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) is amended as follows.

2

In section 27 (interpretation of Part 1)—

a

in subsection (7), for the words from “a Saturday”, in the first place where they occur, to the end substitute

a

an excepted day, or

b

subject to subsection (7A), a Thursday,

the release of the prisoner is to be brought forward to the last preceding day which is a suitable release day.

b

after subsection (7) insert—

7A

Subsection (7)(b) does not apply where the prisoner fell to be released on or by an excepted day and the release was brought forward to a Thursday by virtue of subsection (7)(a).

7B

For the purposes of subsections (7) and (7A)

a

an “excepted day” is a day which is—

i

a Friday,

ii

a Saturday,

iii

a Sunday,

iv

a public holiday,

v

the day before a public holiday,

b

a “suitable release day” is a day which is not—

i

in a case where subsection (7)(a) applies, an excepted day,

ii

in a case where subsection (7)(b) applies, an excepted day or a Thursday.