This is a Government bill
The Bill was introduced on 18 November 2024 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
The Bill as introduced changes when some short-term prisoners will be automatically released from prison. Short-term prisoners are those serving a sentence of less than four years.
Currently, most short-term prisoners are automatically released after serving half (i.e. 50%) of their sentence. The Bill changes this. Short-term prisoners will be automatically released after two-fifths (i.e. 40%) of their sentence. This change will also apply to children serving short sentences in secure accommodation.
The change will not apply to those serving short sentences for domestic abuse or sexual offences. These prisoners will continue to be released after they have served 50% of their sentence.The Bill contains updated powers to allow Scottish Ministers to change when prisoners could be released in the future. These powers could be used in relation to short-term prisoners and long-term prisoners (those serving sentences of four years or more).
The Bill has been introduced by the Scottish Government to manage the rising prison population.
Prisoners (Early Release) (Scotland) Bill as introduced (520KB, pdf) posted 18 November 2024
Explanatory Notes (209KB, pdf) posted 18 November 2024
Policy Memorandum (267KB, pdf) posted 18 November 2024
Financial Memorandum (361KB, pdf) posted 18 November 2024
Delegated Powers Memorandum (126KB, pdf) posted 18 November 2024
Statements on legislative competence (102KB, pdf) posted 18 November 2024
Explanatory Notes (295KB, pdf) posted 18 November 2024
Policy Memorandum (380KB, pdf) posted 18 November 2024
Financial Memorandum (435KB, pdf) posted 18 November 2024
Delegated Powers Memorandum (227KB, pdf) posted 18 November 2024
Statements on legislative competence (152KB, pdf) posted 18 November 2024
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Prisoners (Early Release) (Scotland) Bill
The Bill was introduced on 18 November 2024
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
On 20 November 2024, Parliament agreed motion S6M-15530, to treat the Prisoners (Early Release) (Scotland) Bill as an Emergency Bill.
Parliament then agreed motion S6M-15545, setting out a timetable to consider the Bill.
Accordingly, the Stage 1 debate will take place on 21 November 2024.
Subject to Parliament agreeing to the general principles of the Bill, Stage 2 and Stage 3 consideration will take place on 26 November 2024
The Presiding Officer has determined under Rule 9.21.7 that the deadline for Stage 2 amendments is 4.30 pm on Friday 22 November 2024.
The deadline for Stage 3 amendments will be announced following the conclusion of Stage 2 proceedings.
An Emergency Bill is a Government Bill that needs to be enacted more quickly than the normal timetable allows.
An Emergency Bill must be introduced as a Government Bill first and then the Parliament must agree to treat it as an Emergency Bill. Stages 1 to 3 of an Emergency Bill are all taken on the same day unless the Parliament agrees to an alternative timescale.
At Stage 1, the Bill is referred immediately to the Parliament to consider the general principles. There is no committee consideration and report on the general principles.