delete The Prisoners and Criminal Proceedings (Scotland) Act 1993 (Release of Prisoners etc.) Order 1995
This Scottish Statutory Instrument modifies the Prisoners and Criminal Proceedings (Scotland) Act 1993 for long-term prisoners serving sentences under 10 years imposed after October 1993. It changes discretionary language ('may') to mandatory ('shall') for release provisions, inserts 'long-term or' into section 12(3)(a), and omits section 12(4) entirely. The instrument governs automatic release and parole licence requirements.
This Order compounds the original Act's restrictions rather than reducing them. By converting discretionary release provisions to mandatory ones and deleting subsection (4), it removes professional judgment from parole decisions, potentially causing premature release of dangerous individuals or denial of rehabilitated prisoners' timely release. The regulations governing prisoner release are matters for primary legislation with proper parliamentary scrutiny, not secondary instruments that fundamentally alter the balance between public safety and individual liberty. Such significant policy changes affecting the liberty of prisoners should not be made via affirmative instrument without full debate.