Detail of Provisions Schedule – consequential, transitional and transitory provision Part 2 – transitional and transitory provision Paragraph 3: initial release of individuals when automatic early release changes
65.This paragraph makes provision about how the release of individuals is to take place immediately following the commencement of the new rules in sections 1 and 2, providing a mechanism for moving from the old regime to the new regime.
66.Sub-paragraph (1) provides that existing prisoners whose release dates are changed by the Act and who are listed in the first column of the table in sub-paragraph (2) are to be released on the date provided for in that table instead of being released on the new release date which would apply to them under section 1 of the Act. This will avoid all prisoners who have served 40% or more of their sentence at the point of commencement, but less than 50%, all needing to be released on the same day upon commencement occurring.
67.Sub-paragraphs (1) and (2) together provide as follows—
	A prisoner whose new release date falls on or before the day that is 30 days before the commencement date is, as default, to be released in the period running from Tuesday to Thursday which starts with the first Tuesday after the commencement date.
	A prisoner whose new release date falls in the period starting 29 days before the commencement date and ending 1 day before the commencement date is, as default, to be released in the period running from Tuesday to Thursday which starts with the third Tuesday after the commencement date.
	A prisoner whose new release date falls in the period starting on the commencement date and ending the day before the final release period is, as default, to be released in the period running from Tuesday to Thursday which starts with the fifth Tuesday after the commencement date.
68.The effect of this can be demonstrated as follows, based on an example which assumes a hypothetical commencement date of Tuesday 18 February 2025—
	Those prisoners who reached the 40% mark on or before 19 January and who fall within new section 1(1)(b) of the 1993 Act would, as default, be released in the first tranche, which would take place from Tuesday 25 to Thursday 27 February.
	Those prisoners who reached the 40% mark in the period from 20 January to 17 February (inclusive) and who fall within new section 1(1)(b) of the 1993 Act would, as default, be released in the second tranche, which would take place from Tuesday 11 to Thursday 13 March.
	Those prisoners who reached the 40% mark in the period from 18 February to 24 March and who fall within new section 1(1)(b) of the 1993 Act would, as default, be released in the third tranche, which would take place from Tuesday 25 to Thursday 27 March.
69.The references above to prisoners being released “as default” in the release period provided for in the table is because sub-paragraph (3) also provides that if release under the provisions set out in the table would lead to the prisoner being released later than their original 50% release date, they are instead to be released on their original release date. This will be relevant to those who are already very close to the 50% point in their sentence at the time of commencement. For example, if a prisoner was at the 49% point in their sentence at the time of commencement and reached their original release date 3 days after commencement, they would be released then instead of being delayed until the first tranche of releases.
70.Those prisoners who reach the 40% mark on or after the first day of the release period for the final tranche and who fall within new section 1(1)(b) of the 1993 Act will be released under the new rules without any transitional provision applying to them. In the example above where the final tranche is released in the period from Tuesday 25 to Thursday 27 March, there may also be people being released on any of those days simply because that is their new release date.
71.These transitional rules in sub-paragraphs (1) to (3) apply to “prisoners”. This is defined in sub-paragraph (5) to include young offenders detained in a young offenders institution. This covers both those who are placed in a young offenders institution in relation to an offence and those who are initially detained in secure accommodation but who are then moved to a young offenders institution upon reaching the age of 18.
72.Sub-paragraph (4) makes provision in relation to children who are being detained following criminal proceedings. It relates only to those who continue to be children at the point of commencement. If their release date is changed by the Act and their new release date would therefore have arisen prior to the commencement of the change relating to them, they are to be released on the date on which the change (i.e. section 2 of the Act) is commenced. This recognises that their new release date has already passed and therefore ensures that they are released immediately while providing for their detention up to that point to continue to have been lawful detention. Due to the significantly smaller numbers involved, there is no release in tranches in the same way as is applied to prisoners.
73.Sub-paragraph (5) sets out the definitions which apply for the purpose of these transitional provisions.