Legal background Sentencing and release: Scotland Extended Sentences
In Scotland, extended sentences can be imposed by the court to those who have committed a terrorist or terror-related offence. Prisoners who are serving this sentence for an offence in Schedule 1A to the 1993 Act must be released at the end of their custodial term but are eligible to be considered for release by the Parole Board from the two-thirds point. Extended sentences were introduced under the Crime and Disorder Act 1998 which inserted section 210A into the Criminal Procedure (Scotland) Act 1995 ("1995 Act"). Under section 210A the court may impose an extended sentence if it is intending to pass a determinate sentence in relation to a sexual offence of any length, or a violent or terrorism offence of four years or more, and considers that the terms of a standard sentence would not be adequate for the purpose of protecting the public from serious harm from the offender.
	An extended sentence is made up of a custodial term and an extended licence period set by the court (up to 10 years). Terrorist prisoners subject to an extended sentence are eligible for release by the Scottish Ministers on a recommendation from the Parole Board for Scotland at the two-thirds point. As enacted, all prisoners serving an extended sentence were entitled to automatic release at the two-thirds point. The Prisoners (Control of Release) Scotland Act 2015 on 1 February 2016 amended this so that all prisoners serving this sentence were entitled to be considered for release by the Parole Board for Scotland from the mid-way point of the custodial term, with automatic release at the end of the custodial term. The TORER Act 2020 further amended this so that prisoners who have received an extended sentence for a terrorist offence listed in Schedule 1A to the 1993 Act are not considered for release by the Parole Board for Scotland until the two-thirds point of their custodial term. Automatic release for these prisoners remains at the end of their custodial term.