Office of Public Sector Information
PART I continued
(1) A person released subject to a supervised release order, or his supervising officer, may request the Secretary of State that a local authority or the justices for a petty sessions area (in this section referred to as the “second” designee) be designated under this subsection as the appropriate authority or justices for the purposes of the order in place of that or those for the time being designated under section 14(4) of this Act or this subsection (the “first” designee) if the person resides or proposes to reside in the area of the second designee.
(2) The Secretary of State shall, if he designates the second designee in accordance with the request, determine the date from which the designation shall have effect.
(3) As soon as practicable after a designation is made under subsection (1) above—
(a) the Secretary of State shall—
(i) inform the person subject to the supervised release order, the first designee and the second designee that the designation has been made and of the date determined under subsection (2) above; and
(ii) send a copy of the supervised release order to the second designee; and
(b) the first designee shall send to the second designee the relevant documents and information received by the first designee by virtue of section 14(5)(b) of this Act (or by virtue of this paragraph).
(4) The court which made a supervised release order may, on an application under this subsection by a person subject to the order (whether or not he has been released before the application is made) or by his supervising officer (or, if the person is not yet released, but a local authority stands or justices stand designated as the appropriate authority or justices in respect of the order, by a relevant officer of that authority or, as the case may be, a probation officer appointed for or assigned to the petty sessions area)—
(a) amend, vary or cancel any requirement specified in or by virtue of the order;
(b) insert in the order a requirement specified for the purpose mentioned in section 212A(2)(b) of the 1975 Act,
whether or not such amendment, variation, cancellation or insertion accords with what is sought by the applicant; but the period during which the person is to be under supervision shall not thereby be increased beyond any period which could have been specified in making the order.
(5) If an application under subsection (4) above is by the supervising officer (or other relevant officer or probation officer) alone, the court shall cite the person who is subject to the order to appear before the court and shall not proceed under that subsection until it has explained to the person, in as straightforward a way as is practicable, the effect of any proposed amendment, variation, cancellation or insertion.
(6) The clerk of the court by which an amendment, variation, cancellation or insertion is made under subsection (4) above shall forthwith send a copy of the resultant order to the person subject to it and to the supervising officer.
(1) This section applies to a short-term or long-term prisoner sentenced to a term of imprisonment (in this section referred to as “the original sentence”) by a court in Scotland and released under this Part of this Act or Part II of the [1991 c. 53.] Criminal Justice Act 1991 if—
(a) before the date on which he would (but for his release) have served his sentence in full, he commits an offence punishable with imprisonment (other than an offence in respect of which imprisonment for life is mandatory); and
(b) whether before or after that date, he pleads guilty to or is found guilty of that offence (in this section referred to as “the new offence”) in a court in Scotland or England and Wales.
(2) Where the court mentioned in subsection (1)(b) above is in Scotland it may, instead of or in addition to making any other order in respect of the plea or finding—
(a) in a case other than that mentioned in paragraph (b) below, order the person to be returned to prison for the whole or any part of the period which—
(i) begins with the date of the order for his return; and
(ii) is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1)(a) above; and
(b) in a case where that court is inferior to the court which imposed the sentence mentioned in the said subsection (1)(a), refer the case to the superior court in question; and a court to which a case is so referred may make such order with regard to it as is mentioned in paragraph (a) above.
(3) Where the court mentioned in subsection (1)(b) above is in England and Wales it may, instead of or in addition to making any other order in respect of the plea or finding, refer the case to the court which imposed the original sentence and shall, if it does so, send to that court such particulars of that case as may be relevant.
(4) The court to which a case is referred under subsection (3) above may make such an order as is mentioned in subsection (2)(a) above in respect of the person.
(5) The period for which a person to whom this section applies is ordered under subsection (2) or (4) above to be returned to prison—
(a) shall be taken to be a sentence of imprisonment for the purposes of this Act and of any appeal; and
(b) shall, as the court making that order may direct, either be served before and be followed by, or be served concurrently with, any sentence of imprisonment imposed for the new offence (being in either case disregarded in determining the appropriate length of that sentence).
(6) In exercising its powers under section 254(3) or 453C(1) of the 1975 Act, the court hearing an appeal against an order under subsection (2) or (4) above may, if it thinks fit and notwithstanding subsection (2)(a), substitute for the period specified in the order a period not exceeding the period between the date on which the person was released and the date mentioned in subsection (1)(a) above.
(7) Where an order under subsection (2) or (4) above is made in respect of a person released on licence and he is sentenced in respect of the new offence to a term of imprisonment of less than four years, section 1(1) of this Act shall apply in respect of that sentence as if for the word “unconditionally” there were substituted the words “on licence”.
(1) Where—
(a) a long-term or life prisoner has been released on licence under this Part of this Act, the Secretary of State may revoke that licence and recall him to prison—
(i) if recommended to do so by the Parole Board; or
(ii) if revocation and recall are, in the opinion of the Secretary of State, expedient in the public interest and it is not practicable to await such recommendation;
(b) a short-term prisoner has been so released, the Secretary of State may revoke his licence and recall him to prison if satisfied that his health or circumstances have so changed that were he in prison his release under section 3(1) of this Act would no longer be justified.
(2) A person recalled under subsection (1) above shall, on his return to prison, be informed of the reasons for his recall and that he has the right to make written representations to the Secretary of State in that regard.
(3) The Secretary of State shall refer to the Parole Board the case of—
(a) a person recalled under subsection (1)(a)(i) above who makes representations under subsection (2) above; or
(b) a person recalled under subsection (1)(a)(ii) above.
(4) Where on a reference under subsection (3) above the Parole Board directs a prisoner’s immediate release on licence, the Secretary of State shall under this section give effect to that direction.
(5) On the revocation of the licence of any person under the foregoing provisions of this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
(6) A licence under this Part of this Act, other than the licence of a life prisoner, shall be revoked by the Secretary of State if all conditions in it have been cancelled; and where a person’s licence has been revoked under this subsection the person shall be treated in all respects as if released unconditionally.
(1) Where the court which imposed a supervised release order on a person is informed, by statement on oath by an appropriate officer, that the person has failed to comply with a requirement specified in or by virtue of that order, the court may—
(a) issue a warrant for the arrest of the person; or
(b) issue a citation requiring the person to appear before the court at such time as may be specified in the citation.
(2) If it is proved to the satisfaction of the court before which a person is brought, or appears, in pursuance of a warrant or citation issued under subsection (1) above that there has been such failure as is mentioned in that subsection, the court may—
(a) order him to be returned to prison for the whole or any part of the period which—
(i) begins with the date of the order for his return; and
(ii) is equal in length to the period between the date of the first proven failure referred to in the statement mentioned in subsection (1) above and the date on which supervision under the supervised release order would have ceased; or
(b) do anything in respect of the supervised release order that might have been done under section 15(4) of this Act on an application under that subsection in relation to that order.
(3) For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence.
(4) As soon as the period for which a person is ordered under subsection (2) above to be returned to prison expires, the Secretary of State shall release him unconditionally.
(5) For the purposes of this Act, any such period as is mentioned in subsection (4) above is neither a sentence nor a part of a sentence.
(6) The following are “appropriate officers” for the purposes of subsection (1) above—
(a) the person’s supervising officer;
(b) the director of social work of a local authority which is designated under section 14(4) or 15(1) of this Act as the appropriate authority for the purposes of the order;
(c) any officer appointed by that director for the purposes of this section.
(1) Within two weeks after a determination by a court—
(a) on an application under section 15(4); or
(b) under section 18(2),
of this Act, or within such longer period as the High Court may allow, the person subject to the supervised release order may lodge a written note of appeal with the Clerk of Justiciary, who shall send a copy to the court which made the determination and to the Secretary of State.
(2) A note of appeal under subsection (1) above shall be as nearly as possible in such form as may be prescribed by Act of Adjournal and shall contain a full statement of all the grounds of appeal; and except by leave of the High Court on cause shown it shall not be competent for an appellant to found any aspect of his appeal on a ground not contained in the note of appeal.
(1) There shall continue to be a body to be known as the Parole Board for Scotland, which shall discharge the functions conferred on it by, or by virtue of, this Part of this Act.
(2) It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.
(3) The Secretary of State may, after consultation with the Board, by order provide that, in relation to such class of case as may be specified in the order, this Act shall have effect subject to the modifications that—
(a) in subsection (3) of section 1, for the word “may” there shall be substituted the word “shall” so however that nothing in this paragraph shall affect the operation of that subsection as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 9 of this Act);
(b) in section 12—
(i) in subsection (3)(a), after the words “licence of a” there shall be inserted the words “long-term or”; and
(ii) subsection (4) shall be omitted; and
(c) in section 17(1)(a), for the word “may” there shall be substituted the word “shall”.
(4) The Secretary of State may by rules make provision with respect to the proceedings of the Board, including provision—
(a) authorising cases to be dealt with in whole or in part by a prescribed number of members of the Board in accordance with such procedure as may be prescribed;
(b) requiring cases to be dealt with at prescribed times; and
(c) as to what matters may be taken into account by the Board (or by such number) in dealing with a case.
(5) The Secretary of State may give the Board directions as to the matters to be taken into account by it in discharging its functions under this Part of this Act; and in giving any such directions the Secretary of State shall in particular have regard to—
(a) the need to protect the public from serious harm from offenders; and
(b) the desirability of preventing the commission by offenders of further offences and of securing their rehabilitation.
(6) The supplementary provisions in Schedule 2 to this Act shall have effect with respect to the Board.
(1) The Secretary of State may appoint under this section persons (to be known as “parole advisers”) to give advice to prisoners, or former prisoners, who wish to make representations to the Secretary of State or to the Parole Board as regards any matter concerning their release on licence under this Part of this Act or their return to prison or detention by virtue of this Part of this Act.
(2) The Secretary of State shall pay to parole advisers such remuneration and allowances as he may with the consent of the Treasury determine.
For section 10 of the 1989 Act (place of confinement of prisoners) there shall be substituted the following section—
(1) A prisoner may be lawfully confined in any prison.
(2) Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct, and may be moved by the Secretary of State from any prison to any other prison.
(3) The foregoing provisions of this section are without prejudice to section 11 of this Act and section 241 of the 1975 Act (transfer of prisoner in connection with hearing of appeal).”.
After section 20 of the 1989 Act there shall be inserted the following section—
(1) Subject to section 21 of this Act, an offender sentenced to detention in a young offenders institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.
(2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offenders institution shall be detained in a prison or remand centre instead of in a young offenders institution, but if the offender is under 18 years of age at the time of the direction, only for a temporary purpose.
(3) Where an offender is detained in a prison or remand centre by virtue of subsection (2) above, any rules under section 39 of this Act which apply in relation to persons detained in that place shall apply to that offender; but subject to the foregoing and to subsection (4) below, the provisions of the 1975 Act, the Prisoners and Criminal Proceedings (Scotland) Act 1993 and this Act relating to the treatment and supervision of persons sentenced to detention in a young offenders institution shall continue to apply to the offender.
(4) Where an offender referred to in subsection (3) above attains the age of 21 years, subsection (3) of section 21 of this Act shall apply to him as if he had been transferred to prison under that section.”.
The following subsection shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions)—
“(7) Rules made under this section may provide for the award of additional days, not exceeding in aggregate one-sixth of the prisoner’s sentence—
(a) to a short-term or long-term prisoner within the meaning of Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; or
(b) conditionally on his eventually becoming such a prisoner, to a person remanded in custody,
where he is guilty, under such rules, of a breach of discipline.”.
The following subsections shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions) after the subsection added by section 24 of this Act—
“(8) Without prejudice to any power to make standing orders or to issue directions or any other kind of instruction, rules made under this section may authorise the Secretary of State to supplement the rules by making provision by directions for any purpose specified in the rules; and rules so made or directions made by virtue of this subsection may authorise the governor, or any other officer, of a prison, or some other person or class of persons specified in the rules or directions, to exercise a discretion in relation to the purpose so specified.
(9) Rules made under this section may permit directions made by virtue of subsection (8) above to derogate (but only to such extent, or in such manner, as may be specified in the rules) from provisions of rules so made and so specified.
(10) Any reference, however expressed, in any enactment other than this section to rules made under this section shall be construed as including a reference to directions made by virtue of subsection (8) above.
(11) Directions made by virtue of subsection (8) above shall be published by the Secretary of State in such manner as he considers appropriate.”.
In section 73 of the [1984 c. 36.] Mental Health (Scotland) Act 1984, subsection (3) (which provides for the continued detention in hospital of persons moved there by virtue of a transfer order while awaiting trial etc. even where that order has ceased to have effect) shall cease to have effect.
(1) In this Part of this Act, except where the context otherwise requires—
“court” does not include a court-martial;
“discretionary life prisoner” has the meaning given by section 2 of this Act;
“life prisoner” means a person serving a sentence of imprisonment for life;
“local authority” means a regional or islands council;
“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;
“Parole Board” means the Parole Board for Scotland;
“petty sessions area” has the same meaning as in the Justices of the [1979 c. 55.] Peace Act 1979;
“relevant officer”, in relation to a local authority, means an officer of that authority employed by them in the discharge of their functions under section 27(1) of the [1968 c. 49.] Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prison etc.);
“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years;
“supervised release order” has the meaning given by section 212A (as inserted by section 14 of this Act) of the 1975 Act but includes any order under subsection (2) of the said section 14; and
“supervising officer” has the meaning given by the said section 212A.
(2) The Secretary of State may by order provide—
(a) that the references to four years in the definitions of “long-term prisoner” and “short-term prisoner” in subsection (1) above shall be construed as references to such other period as may be specified in the order;
(b) that any reference in this Part of this Act to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.
(3) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.
(4) For the purposes of this Part of this Act so far as relating to licences or persons released on licence, the age of any person at the time when sentence was passed on him shall be deemed to have been that which appears to the Secretary of State to have been his age at that time.
(5) For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, having been sentenced, he has served (in whole or in part), consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.
(6) If additional days are awarded in accordance with rules made under section 39(7) of the 1989 Act (and are not remitted in accordance with such rules), the period which the prisoner (or eventual prisoner) must serve before becoming entitled to or eligible for release shall be extended by those additional days.
(7) Where (but for this subsection) a prisoner would, under any provision of this Act or of the 1975 Act, fall to be released on or by a day which is a Saturday, Sunday or public holiday he shall instead be released on or by the last preceding day which is not a Saturday, Sunday or public holiday.
Prisoners and Criminal Proceedings (Scotland) Act 1993