ABSTRACT

The present system for the early release of prisoners has its genesis in the Criminal Justice Act 1967, an Act of the UK Parliament which first introduced a statutory right to release at a fixed stage of sentence and created the Parole Boards for Scotland and for England and Wales. Since 1993, and in particular since criminal justice and criminal sentencing became the responsibility of the Scottish Parliament following the coming into force of the Scotland Act 1998, Scotland has developed its own practices in respect of parole and early release, which now differ significantly from those of England and Wales. Long-term prisoners, who are defined as those serving four years or more, are eligible for release at the halfway point of the custodial part of their sentences, and if not so released must be released on licence at the two-thirds point of the custodial sentence. If the sentence is an ‘extended sentence’, with an additional fixed period of licence supervision, then they may be returned to custody at any time up to the conclusion of the sentence. The release or otherwise of life prisoners is solely the responsibility of the Parole Board, whose decisions are binding upon ministers.