Part 2: Release of terrorist offender Section 28: Removal of early release on licence for certain terrorist prisoners: Scotland
The TORER Act 2020 amended the 1993 Act, to mirror the provisions for England and Wales, so that Scottish Ministers must refer terrorist offenders serving an extended sentence to the Parole Board at the two-thirds point of the custodial term. It requires that the prisoner may only be released from the two-thirds point once the Parole Board has directed that it is no longer necessary for the protection of the public that the offender should be confined. If the Board does not direct such release, extended sentence prisoners will be automatically released at the end of their custodial term. Section 28 makes the corresponding amendments as made under section 27 of this Act but for Scotland, so reference to the Parole Board for early release is disapplied for prisoners serving extended sentences and serious terrorism sentences falling within the criteria of new subsection (2A), and such prisoners will instead serve the entire custodial period.
	Section 28(2)(a) inserts reference to Parts 1 and 2 of Schedule 1A into section 1AB of the 1993 Act, and section 28(3) substitutes a replacement Schedule 1A, specifying the relevant offences to which the amended restricted release provisions apply.
	Section 28(2)(b) inserts a new subsection (2A) into section 1AB of the 1993 Act, disapplying the two-thirds parole referral part of this provision for certain terrorist offenders serving an extended sentence. New subsection (2A) provides that, where a terrorist offender is sentenced to an extended sentence or a new serious terrorism sentence on or after the date the section comes into force, for an offence with a maximum penalty of life imprisonment, they will not be referred to the Parole Board (the result of which is they will instead be automatically released at the end of their custodial term). The new provision will apply regardless of whether the offender is an adult or under 18.