PART 4 continued
(1) Subsection (2) below applies where a prisoner—
(a) has been released on licence under this Part of this Act or under the 1989 Act as respects any sentence of imprisonment (“the original sentence”); and
(b) while so released, receives another sentence of imprisonment (whether for life or for a term) (“the subsequent sentence”),
and the licence as respects the original sentence has not been revoked.
(2) Where—
(a) this subsection applies; and
(b) the prisoner is to be released on licence under this Part of this Act as respects the subsequent sentence,
he shall instead be released on a single licence under this Part of this Act as respects both the original sentence and the subsequent sentence.
(3) The single licence—
(a) shall have effect in place of—
(i) the licence as respects the original sentence; and
(ii) any licence on which the prisoner would, apart from this section, be released as respects the subsequent sentence;
(b) shall be subject to such conditions as were in the licence as respects the original sentence immediately before that licence was replaced by the single licence; and
(c) shall (unless revoked) remain in force for so long as any licence as respects the original sentence or as respects the subsequent sentence would, apart from this section (and if not revoked), have remained in force.”.
(1) The 1993 Act is amended as follows.
(2) In section 5(2) (fine defaulters and persons in contempt of court), for the words from “both” to “17(1)” there is substituted “released on licence under section 3 of this Act and, subsequently, the licence is revoked under section 17(1), (1A) or (1B)”.
(3) In section 16(7) (which provides that a court order that a long-term or short-term prisoner released on licence be returned to prison has the effect of automatically revoking the licence), paragraph (a), and the word “and” immediately following that paragraph, are repealed.
(4) In section 17 (which enables the Scottish Ministers to revoke the licence of, and recall to prison, certain prisoners if recommended to do so by the Parole Board, enables them to do so in certain circumstances without such a recommendation, and requires them to do so as respects certain prisoners if there is such a recommendation), for subsections (1) to (3) there is substituted—
“(1) Where—
(a) a long-term prisoner has been released on licence under this Part of this Act and is not detained as mentioned in section 12A(1)(a) or (b) of this Act; or
(b) a life prisoner has been so released on licence and is not detained as mentioned in section 12A(1)(b) of this Act,
the Scottish Ministers—
(i) shall, if recommended to do so by the Parole Board; or
(ii) may, if revocation and recall are, in their opinion, expedient in the public interest and it is not practicable to await such a recommendation,
revoke the licence and recall the prisoner to prison.
(1A) Where a long-term prisoner or a life prisoner has been released on licence as mentioned in subsection (1) above, but is detained as mentioned in that subsection, the Scottish Ministers—
(a) shall, if recommended to do so by the Parole Board; or
(b) may, if revocation is, in their opinion, expedient in the public interest and it is not practicable to await such a recommendation,
revoke the licence.
(1B) Where a short-term prisoner has been released on licence under section 3(1) of this Act, the Scottish Ministers may, whether or not he is detained as mentioned in section 12A(1)(b) of this Act—
(a) revoke the licence; and
(b) where he is not so detained, recall him to prison,
if they are satisfied that his health or circumstances have so changed that his release on licence is no longer justified.
(2) The Scottish Ministers shall, on the revocation of a person’s licence under subsection (1), (1A) or (1B) above, inform that person of the reasons for the revocation.
(3) The Scottish Ministers shall refer to the Parole Board the case of a person whose licence is revoked under subsection (1), (1A) or (1B) above.”.
(1) The 1993 Act is amended as follows.
(2) In section 26A (which applies, with adaptations, the other provisions of Part I of the 1993 Act to prisoners who are subject to an extended sentence), for subsection (9) there is substituted—
“(9) In relation to a prisoner subject to an extended sentence, the reference in section 17(5) of this Act to the prisoner being “liable to be detained in pursuance of his sentence” shall be construed as a reference to the prisoner being liable to be detained until the expiry of the extension period.”.
(1) The 1993 Act is amended as follows.
(2) In section 7 (which among other things enables the Scottish Ministers to release on licence certain children if recommended to do so by the Parole Board, and which provides that a court order that a child released on licence be returned to detention has the effect of automatically revoking the licence)—
(a) in subsection (2), for the word “may” there is substituted “shall”;
(b) subsection (4A) is repealed;
(c) for subsection (5), there is substituted—
“(5) Without prejudice to section 6(1)(b)(ii) of this Act—
(a) sections 3, 11(1), 12, 12A, 12B, 17 and 20(2) of this Act apply to children detained under section 208 of the 1995 Act as they apply to long-term prisoners; and
(b) in those sections of this Act, references to prisoners, or to prison, imprisonment or sentences of imprisonment shall be construed, and sections 1A and 27 shall apply, accordingly.”; and
(d) subsection (6) is repealed.
In the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7)—
(a) in Part 1 (existing life prisoners), after paragraph 7 there is inserted—
“7A In the case of a prisoner to whom paragraph 6 above applies, Part 1 of the 1993 Act as amended by this Act shall apply as if the part of the prisoner’s sentence specified in the certificate mentioned in paragraph 1(b) above were a punishment part specified under section 2(2) of the 1993 Act as amended by this Act.”; and
(b) in Part 4 (transferred life prisoners)—
(i) after paragraph 49 there is inserted—
“49A This Part of this schedule also applies to—
(a) any life prisoner who was transferred—
(i) on or after the coming into force of section 10 of the 1993 Act; and
(ii) before the relevant date,
and to whom, by virtue of the Crime and Punishment (Scotland) Act 1997 (c. 48), subsections (2) and (3) of that section applied subsequent to the prisoner’s transfer; and
(b) any other life prisoner who was—
(i) transferred to Scotland before the coming into effect of section 10 of the 1993 Act; and
(ii) as at the relevant date, a life prisoner such as is mentioned in any of sub-paragraphs (a) to (c) of paragraph 49 above (the references in those sub-paragraphs to that section being construed as references to that section as it had effect on that date).”;
(ii) in paragraph 50, after the word “49” there is inserted “or 49A”;
(iii) in paragraph 53, after the word “applies” there is inserted “, to whom sub-paragraph (a) of paragraph 49A above applies (whether or not paragraph 49(b) above also applies to the prisoner) or to whom sub-paragraph (b) of paragraph 49A above applies (in so far as that sub-paragraph relates to paragraph 49(c) above)”;
(iv) in paragraph 54, for the words from “to” in the first place where it occurs to “applies” there is substituted “such as is mentioned in paragraph 52 or 53 above”; and
(v) for paragraph 67 there is substituted—
“67 In the case of a prisoner to whom paragraph 53 above applies, Part 1 of the 1993 Act (except subsection (9) of section 2) as amended by this Act shall apply as if—
(a) the prisoner were a life prisoner within the meaning of subsection (1) of that section; and
(b) the part of the prisoner’s sentence specified in the certificate referred to in sub-paragraph (c) of paragraph 57 above were a punishment part specified under subsection (2) of that section.”.
(1) This section applies where a person is released on licence under—
(a) section 22 of the 1989 Act (persons sentenced before 1st October 1993); or
(b) Part I of the 1993 Act (persons sentenced on or after that date),
but in the case of a person released under that Part by virtue of section 7(5) of the 1993 Act (application of certain provisions to children detained in solemn proceedings) only if, at release, that person has attained the age of sixteen years.
(2) Conditions which may be specified in the licence include conditions for securing the remote monitoring of the person's—
(a) compliance with any other condition so specified;
(b) whereabouts (other than for the purposes of paragraph (a)).
(3) Where the Scottish Ministers specify such conditions in the licence they must designate in it a person who is to be responsible for the monitoring and must, as soon as practicable after they do so, send that person a copy of the conditions so specified together with such information as they consider requisite to the fulfilment of the responsibility.
(4) Subject to subsection (5), the designated person’s responsibility—
(a) commences on that person’s receipt of the copy so sent;
(b) is suspended during any period in which the conditions for securing the monitoring are suspended; and
(c) ends when those conditions are cancelled or the licence is revoked or otherwise ceases to be in force.
(5) The Scottish Ministers may from time to time designate a person who, in place of the person designated under subsection (3) (or last designated under this subsection), is to be responsible for the monitoring; and on the Scottish Ministers amending the licence in respect of the new designation, that subsection and subsection (4) apply in relation to the person designated under this subsection as they apply in relation to the person replaced.
(6) If a designation under subsection (5) is made, the Scottish Ministers must, in so far as it is practicable to do so, notify the person replaced accordingly.
(7) Section 245C of the 1995 Act (contractual and other arrangements for, and devices which may be used for the purposes of, remote monitoring) applies in relation to the imposition of, and compliance with, conditions specified by virtue of subsection (2) as that section applies in relation to the making of, and compliance with, a restriction of liberty order.
(8) A designation under this section is not a licence condition for the purposes of—
(a) section 22(7) of the 1989 Act (requirement for recommendation of Parole Board); or
(b) section 12(3)(b) of the 1993 Act (requirement for recommendation of, or consultation with, Parole Board).
In the 1993 Act, after section 26A, there is inserted—
The Parole Board shall, whenever it is considering the case of a person in respect of whom there is a risk management plan, have regard to the plan.”.