Part 1 The Parole Board for Scotland

1 The Parole Board for Scotland

(1) There shall continue to be a body to be known as the Parole Board for Scotland (the “Parole Board”).

(2) The Parole Board’s principal function is to give directions to the Scottish Ministers in relation to any matter referred to it under Part 2 relating to the release of prisoners.

(3) The Parole Board has such other functions as are conferred on it by virtue of this Act and any other enactment.

(4) In carrying out any of its functions in relation to a person in respect of whom a risk management plan has been prepared under section 6(1) of the Criminal Justice (Scotland) Act 2003 (asp 7), the Parole Board must have regard to the plan.

(5) Schedule 1 makes further provision about the Parole Board.

2 Parole Board rules

(1) The Scottish Ministers may make rules about the practice and procedure of the Parole Board.

(2) Rules under subsection (1) may, in particular, include provision for or in connection with—

(a) authorising cases referred to the Parole Board by virtue of this Act to be dealt with, in whole or in part, by a specified number of members of the Board in accordance with such procedure as may be specified in the rules,

(b) enabling the Parole Board to require any person, other than a prisoner whose case the Board is dealing with, to—

(i) attend a hearing before the Board,

(ii) give evidence to it, or

(iii) produce documents,

(c) requiring cases referred to the Board, or matters specified in the rules that are preliminary or incidental to the determination of cases, to be determined, or other actions so specified to be taken, within periods so specified,

(d) specifying matters which may be taken into account by the Parole Board in dealing with cases.

(3) Rules under subsection (1) which include provision such as is mentioned in subsection (2)(b) may also include provision applying subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) with such modifications as may be set out in the rules but subject to the limitation that any penalty under subsection (5) of that section as so applied must be restricted to a fine not exceeding level 2 on the standard scale.

Part 2 Confinement and release of prisoners

Chapter 1 Introductory

3 Application of Part 2

This Part does not apply in relation to a sentence (other than a life sentence) imposed on a person for an offence committed before the coming into force of the Part.

4 Basic definitions

(1) In this Part—

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 (c. 46),

• “curfew condition” has the meaning given by section 48,

• “custody and community prisoner” means a person serving a custody and community sentence,

• “custody and community sentence” means a sentence of imprisonment for an offence for a term of 15 days or more,

• “custody-only prisoner” means a person serving a custody-only sentence,

• “custody-only sentence” means a sentence of imprisonment for a term of less than 15 days; and includes a sentence of detention imposed under section 206(2) of the 1995 Act (detention for up to 4 days in summary case),

• “custody part” has the meaning given by section 6(3),

• “life prisoner” means a person on whom a life sentence is imposed,

• “life sentence” means—

  (a)

  a sentence of life imprisonment for an offence for which that sentence is not the sentence fixed by law (a “discretionary life sentence”),

  (b)

  a sentence of life imprisonment for murder or for any other offence for which that sentence is the sentence fixed by law (a “mandatory life sentence”), or

  (c)

  a sentence of imprisonment for an indeterminate period constituted by an order for lifelong restriction under section 210F of the 1995 Act,

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

• “Parole Board” means the Parole Board for Scotland,

• “punishment part” has the meaning given by section 20(3),

• “standard conditions” means the conditions mentioned in section 28(2), and

• “supervision conditions” means the conditions mentioned in section 29(4).

(2) The Scottish Ministers may by order amend the definitions of “custody and community sentence” and “custody-only sentence” in subsection (1) by substituting a different term for the term for the time being mentioned in those definitions.

(3) References in this Part to release on community licence are references to the release on licence of a custody and community prisoner.

(4) References in this Part to release on life licence are references to the release on licence of a life prisoner.

Chapter 2 Confinement, review and release of prisoners

Custody-only prisoners

5 Release on completion of sentence

As soon as a custody-only prisoner has served the term of imprisonment specified in the prisoner’s sentence the Scottish Ministers must release the prisoner unconditionally.

Custody and community prisoners

6 Setting of custody part

(1) This section applies where the court imposes on a person a custody and community sentence.

(2) After imposing the sentence, the court must make an order specifying the custody part of the sentence.

(3) The custody part is that part of the sentence which represents an appropriate period to satisfy the requirements for retribution and deterrence (ignoring any period of confinement which may be necessary for the protection of the public).

(4) An order specifying a custody part must specify that the custody part is—

(a) one-half of the sentence, or

(b) if subsection (5) applies, such greater proportion of the sentence as the court specifies.

(5) This subsection applies if, taking into account in particular the matters mentioned in subsection (6), the court considers that it would be appropriate to specify a greater proportion of the sentence as the custody part.

(6) Those matters are—

(a) the seriousness of the offence, or of the offence combined with other offences of which the person is convicted on the same indictment or complaint as that offence,

(b) where the offence was committed when the person was serving a sentence of imprisonment for another offence, that fact, and

(c) any previous conviction of the person.

(7) The court may not make an order specifying a custody part which is greater than three-quarters of the sentence.

(8) An order specifying a custody part must specify the custody part by reference to a fixed period of time.

(9) Where (but for this subsection) a custody part would fall to be specified as a period including a fraction of a day, the custody part must be specified in whole days (any such fraction being rounded up to a whole day).

(10) Where, by virtue of subsection (4)(b), the court specifies a custody part of more than one-half of the sentence, the court must state in open court the reason for doing so.

(11) An order specifying a custody part constitutes part of a person’s sentence within the meaning of the 1995 Act for the purposes of any appeal or review.

7 Power to amend section 6(4)

The Scottish Ministers may by order amend section 6(4)(a) by substituting for the proportion for the time being specified there a different proportion specified in the order.

8 Provision of information by court

(1) This section applies where—

(a) a court imposes a custody and community sentence on a person, and

(b) the court is not required by—

(i) section 21(4) of the Criminal Justice (Scotland) Act 2003 (asp 7), or

(ii) section 210H(2) of the 1995 Act,

to prepare a report.

(2) As soon as is reasonably practicable after imposing the sentence, the court must provide the Scottish Ministers with such information about—

(a) the person, and

(b) the circumstances of the case,

as the court considers appropriate.

(3) Information provided by virtue of subsection (2) is to be provided in such form as the court considers appropriate.

9 Joint arrangements between Scottish Ministers and local authorities

(1) The Scottish Ministers and each local authority must jointly establish arrangements for the assessment and management of the risks posed in the local authority’s area by custody and community prisoners.

(2) For the purposes of assisting the Scottish Ministers in making a determination under section 10(1), the Scottish Ministers and the appropriate local authority must during the custody part of a custody and community prisoner’s sentence assess in accordance with arrangements established under subsection (1) whether subsection (3) applies in respect of the prisoner.

(3) This subsection applies if the prisoner would, were the prisoner released on community licence on the expiry of the custody part, be likely to cause serious harm to members of the public.

(4) In this section, “appropriate local authority”, in relation to a custody and community prisoner, means the local authority for the area in which the prisoner—

(a) resided immediately before the imposition of the custody and community sentence, or

(b) intends to reside on release on community licence.

(5) If, by virtue of subsection (4), two or more local authorities are the appropriate local authority in relation to a custody and community prisoner, those authorities may agree that the functions conferred on them by subsection (2) and section 31(4) may be carried out by only one of them.

10 Review by Scottish Ministers

(1) Before the expiry of the custody part of a custody and community prisoner’s sentence the Scottish Ministers must determine whether subsection (2) applies in respect of the prisoner.

(2) This subsection applies if the prisoner would, if not confined, be likely to cause serious harm to members of the public.

11 Consequences of review

(1) This section applies where the Scottish Ministers make a determination under subsection (1) of section 10 in respect of a prisoner.

(2) If the Scottish Ministers determine that subsection (2) of that section does not apply in respect of the prisoner, they must release the prisoner on community licence on the expiry of the custody part of the prisoner’s sentence.

(3) If the Scottish Ministers determine that subsection (2) of that section applies in respect of the prisoner, they must, before the expiry of the custody part of the prisoner’s sentence, refer the prisoner’s case to the Parole Board.

12 Review by Parole Board

(1) Subsection (2) applies where a custody and community prisoner’s case is referred to the Parole Board under section 11(3).

(2) Before the expiry of the custody part of the prisoner’s sentence, the Parole Board must determine whether section 10(2) applies in respect of the prisoner.

13 Release on community licence following review by Parole Board

(1) Subsection (2) applies where the Parole Board determines under section 12(2) or 17(3) that section 10(2) does not apply in respect of a prisoner.

(2) The Parole Board must—

(a) direct the Scottish Ministers to release the prisoner on community licence, and

(b) specify conditions to be included in the licence.

(3) Where a direction is given under subsection (2)(a) the Scottish Ministers must release the prisoner on community licence.

(4) In the case of a determination under section 12(2) the direction must be implemented on the expiry of the custody part of the prisoner’s sentence.

14 Determination that section 10(2) applicable: consequences

(1) This section applies where the Parole Board determines under section 12(2) or 17(3) that section 10(2) applies in respect of a prisoner.

(2) The Parole Board must give the prisoner reasons in writing for its determination.

(3) If on the day of the determination less than 4 months of the prisoner’s sentence remain to be served before the three-quarter point—

(a) the prisoner must be confined until the three-quarter point, and

(b) the Parole Board must specify conditions to be included in the prisoner’s community licence.

(4) If on the day of the determination at least 4 months but no more than 2 years of the prisoner’s sentence remain to be served before the three-quarter point, the Parole Board may fix a date falling within the period mentioned in subsection (5) on which it will next consider the prisoner’s case.

(5) That period is the period—

(a) beginning with the day falling 4 months after the day of the determination, and

(b) ending with the three-quarter point.

(6) If no date is fixed under subsection (4)—

(a) the prisoner must be confined until the three-quarter point, and

(b) the Parole Board must fix a date falling within the period mentioned in subsection (5) on which it must specify conditions to be included in the prisoner’s community licence.

(7) If on the day of the determination more than 2 years of the prisoner’s sentence remain to be served before the three-quarter point, the Parole Board must fix a date falling within the period mentioned in subsection (8) on which it will next consider the prisoner’s case.

(8) That period is the period—

(a) beginning with the day falling 4 months after the day of the determination, and

(b) ending immediately before the second anniversary of the day of the determination.

(9) In this section, “three-quarter point”, in relation to a prisoner’s custody and community sentence, means the day on which the prisoner will have served three-quarters of the prisoner’s sentence.

(10) This section is subject to section 26.

15 Prisoner’s right to request early reconsideration by Parole Board

(1) Subsection (2) applies where the Parole Board has fixed a date under section 14(4) or (7) for considering a prisoner’s case.

(2) On the prisoner’s request, the Board may, if it considers it appropriate to do so, substitute for that date an earlier date when it will next consider the prisoner’s case by fixing that earlier date under section 14(4) or, as the case may be, (7).

(3) Subsection (4) applies where the Parole Board does not fix a date under section 14(4).

(4) On the prisoner’s request, the Board may, if it considers it appropriate to do so, fix a date under section 14(4) when it will next consider the prisoner’s case.

(5) This section is subject to section 26.

16 Referral to Parole Board for the purposes of specifying conditions

(1) This section applies where the Parole Board fixes a date under section 14(6)(b).

(2) The Scottish Ministers must refer the prisoner’s case to the Parole Board before that date.

(3) On that date, the Parole Board must specify conditions to be included in the prisoner’s community licence.

17 Further referral to Parole Board

(1) This section applies where the Parole Board fixes a date under section 14(4) or (7) for considering a prisoner’s case.

(2) The Scottish Ministers must refer the prisoner’s case to the Parole Board before that date.

(3) The Parole Board must determine whether section 10(2) applies in respect of the prisoner.

18 Cases where custody part specified as three-quarters of prisoner’s sentence

(1) This section applies where, by virtue of section 6(4)(b), the court specifies a custody part which is three-quarters of a prisoner’s custody and community sentence.

(2) Section 10(1) does not apply.

(3) Before the expiry of the custody part—

(a) the Scottish Ministers must refer the prisoner’s case to the Parole Board, and

(b) the Parole Board must specify conditions to be included in the prisoner’s community licence.

19 Release after three-quarters of sentence served

(1) As soon as a custody and community prisoner has served three-quarters of the prisoner’s custody and community sentence, the Scottish Ministers must release the prisoner on community licence.

(2) Subsection (1) does not apply in relation to a prisoner whose licence has been revoked by virtue of section 37(1) or (4).

Life prisoners

20 Setting of punishment part

(1) This section applies where the court imposes on a person a life sentence.

(2) After imposing the sentence, the court must make an order specifying the punishment part of the sentence.

(3) The punishment part is that part of the person’s life sentence which, taking into account—

(a) in the case of a mandatory life sentence, the matters mentioned in subsection (4),

(b) in the case of a discretionary life sentence or an order for lifelong restriction under section 210F of the 1995 Act, the matters mentioned in subsection (5),

the court considers appropriate to satisfy the requirements for retribution and deterrence (ignoring any period of confinement which may be necessary for the protection of the public).

(4) Those matters are—

(a) the seriousness of the offence, or of the offence combined with other offences of which the person is convicted on the same indictment as that offence,

(b) any previous conviction of the person, and

(c) where appropriate, the matters mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act.

(5) Those matters are—

(a) any period of imprisonment which the court considers would have been appropriate for the offence had the court not imposed a sentence, or made an order, such as is mentioned in subsection (3)(b) for the offence, and

(b) the part of that period of imprisonment which, by virtue of section 6, the court would have specified as the custody part.

(6) An order specifying a punishment part must specify the punishment part in years and months.

(7) It does not matter that a punishment part so specified may exceed the remainder of the person’s natural life.

(8) An order specifying a punishment part constitutes part of a person’s sentence within the meaning of the 1995 Act for the purposes of any appeal or review.

21 Referral to Parole Board

Before the expiry of the punishment part of a prisoner’s life sentence, the Scottish Ministers must refer the prisoner’s case to the Parole Board.

22 Review by Parole Board

(1) Subsection (2) applies where a life prisoner’s case is referred to the Parole Board under section 21.

(2) Before the expiry of the punishment part of the prisoner’s life sentence, the Parole Board must determine whether subsection (3) applies in respect of the prisoner.

(3) This subsection applies if the prisoner would, if not confined, be likely to cause serious harm to members of the public.

23 Release on life licence following review by Parole Board

(1) Subsection (2) applies where the Parole Board determines under section 22(2) or 25(3) that section 22(3) does not apply in respect of a life prisoner.

(2) The Parole Board must—

(a) direct the Scottish Ministers to release the prisoner on life licence, and

(b) specify conditions to be included in the prisoner’s licence.

(3) Where a direction is given under subsection (2)(a) the Scottish Ministers must release the prisoner on life licence.

(4) In the case of a determination under section 22(2) the direction must be implemented on the expiry of the punishment part of the prisoner’s sentence.

24 Determination that section 22(3) applicable: consequences

(1) This section applies where the Parole Board determines under section 22(2) or 25(3) that section 22(3) applies in respect of a life prisoner.

(2) The Parole Board must—

(a) give the prisoner reasons in writing for its determination, and

(b) fix the date on which it will next consider the prisoner’s case.

(3) Subject to section 26, the date fixed under subsection (2)(b) must fall within the period—

(a) beginning with the day falling 4 months after the day of the determination, and

(b) ending immediately before the second anniversary of the day of the determination.

(4) Subsection (5) applies where the Parole Board has fixed a date under subsection (2)(b).

(5) On the prisoner’s request, the Board may, if it considers it appropriate to do so, replace that date by fixing under subsection (2)(b) an earlier date when it will next consider the prisoner’s case.

25 Further referral to Parole Board

(1) This section applies where the Parole Board fixes a date under section 24(2)(b) for considering a prisoner’s case.

(2) The Scottish Ministers must refer the prisoner’s case to the Parole Board before that date.

(3) The Parole Board must determine whether section 22(3) applies in respect of the prisoner.

Referral to Parole Board: postponement

26 Referral to Parole Board: postponement

(1) Subsection (2) applies where—

(a) a prisoner’s case is referred to the Parole Board under this Part (the “referred case”),

(b) after the referral another sentence of imprisonment is imposed on the prisoner (the “new sentence”),

(c) when that sentence is imposed, the Board has not fixed a date for considering the prisoner’s case, and

(d) the prisoner would not be eligible for release in relation to the new sentence on the date which would (apart from this section) have been fixed for considering the referred case.

(2) The Parole Board must—

(a) fix in accordance with subsection (5) a different date for considering the referred case, and

(b) if a further new sentence is imposed on the prisoner in relation to which the prisoner would not be eligible for release on that different date, fix in accordance with that subsection a further different date.

(3) Subsection (4) applies where—

(a) the Parole Board fixes a date for considering the referred case,

(b) before that date, a new sentence is imposed on the prisoner, and

(c) the prisoner would not be eligible for release in relation to the new sentence on that date.

(4) The Parole Board must—

(a) fix in accordance with subsection (5) a different date for considering the referred case, and

(b) if a further new sentence is imposed on the prisoner in relation to which the prisoner would not be eligible for release on that different date, fix in accordance with that subsection a further different date.

(5) A date is fixed in accordance with this subsection if—

(a) it is a date which would have been fixed in relation to the new sentence if that were the only sentence imposed on the prisoner, and

(b) it replaces any date previously fixed for considering the referred case.

Compassionate release on licence

27 Compassionate release on licence

(1) Where the Scottish Ministers are satisfied that there are compassionate grounds justifying the release on licence of a prisoner, the Scottish Ministers may release the prisoner on licence.

(2) Before releasing a custody and community prisoner or a life prisoner under subsection (1) the Scottish Ministers must consult the Parole Board.

(3) The Scottish Ministers need not consult the Parole Board if it is impracticable to do so.

Chapter 3 Community and life licences

The standard conditions

28 Release on licence: the standard conditions

(1) Where a prisoner is released on licence by virtue of this Part, the prisoner is released subject to the standard conditions.

(2) The standard conditions are—

(a) that the prisoner must be of good behaviour, and

(b) that, subject to subsection (3), the prisoner is prohibited from leaving the United Kingdom.

(3) Paragraph (b) of subsection (2) does not apply if—

(a) the prisoner falls within subsection (4), or

(b) the Scottish Ministers permit, or a person designated by them for the purposes of this section permits, the prisoner to leave the United Kingdom.

(4) The prisoner falls within this subsection if—

(a) the prisoner is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order,

(b) the prisoner is liable to deportation under section 3(6) of that Act,

(c) the prisoner has been notified of a decision to refuse the prisoner leave to enter the United Kingdom,

(d) the prisoner is an illegal entrant within the meaning of section 33(1) of that Act,

(e) the prisoner is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

The supervision conditions

29 Release on licence of certain prisoners: the supervision conditions

(1) This section applies where a prisoner falling within subsection (2) is released on licence by virtue of this Part.

(2) A prisoner falls within this subsection if—

(a) the prisoner is

(i) a life prisoner,

(ii) a custody and community prisoner serving a custody and community sentence of 6 months or more,

(iii) any other custody and community prisoner in respect of whom—

(A) by virtue of section 6(4)(b), the court specifies a custody part which is three-quarters of the prisoner’s sentence, or

(B) the Parole Board determines under section 12(2), that section 10(2) applies,

(iv) a person released on licence by virtue of section 27(1),

(v) a person subject to an extended sentence (as defined in section 210A of the 1995 Act),

(vi) a person subject to the notification requirements in Part 2 of the Sexual Offences Act 2003 (c. 42), or

(vii) a child (as defined in section 307(1) of the 1995 Act) subject to a sentence of detention under section 208 of that Act, and

(b) the prisoner does not fall within section 28(4).

(3) The prisoner is released subject to the supervision conditions.

(4) The supervision conditions are—

(a) that the prisoner is to be under the supervision of a relevant officer of the local authority specified in the licence,

(b) that the prisoner is to maintain contact with the relevant officer as the officer directs,

(c) that the prisoner is to inform the relevant officer of—

(i) any change of address,

(ii) any change in employment, and

(d) that the prisoner is to comply with any other requirements imposed in relation to the supervision by the relevant officer.

(5) In subsection (4) “relevant officer”, in relation to a local authority, means an officer of the authority employed by it in the discharge of its functions under section 27(1) of the Social Work (Scotland) Act 1968 (c. 49).

Community licences

30 Release on community licence on Parole Board’s direction

(1) This section applies where by virtue of section 13(2)(b), 14(3)(b), 16(3), 18(3)(b) or 42(4)(b) the Parole Board specifies conditions which are to be included in a prisoner’s community licence.

(2) The Scottish Ministers must include in the prisoner’s community licence—

(a) those conditions,

(b) the standard conditions, and

(c) if section 29(1) applies, the supervision conditions.

(3) On the direction of the Parole Board, the Scottish Ministers may—

(a) vary the conditions mentioned in subsection (2),

(b) cancel conditions (other than the standard conditions and the supervision conditions),

(c) include in the licence further conditions.

31 Community licences in which Scottish Ministers may specify conditions

(1) This section applies where by virtue of section 11(2) or 27(1) the Scottish Ministers release a prisoner on community licence.

(2) The Scottish Ministers—

(a) must include in the prisoner’s community licence—

(i) the standard conditions, and

(ii) if section 29(1) applies, the supervision conditions,

(b) may include in the licence such other conditions as they consider appropriate.

(3) The Scottish Ministers may—

(a) vary the conditions mentioned in subsection (2),

(b) cancel conditions (other than the standard conditions and the supervision conditions),

(c) include in the licence such further conditions as they consider appropriate.

(4) Before exercising any of the powers conferred by subsection (2) or (3), the Scottish Ministers must, in pursuance of arrangements established under section 9(1), co-operate with the appropriate local authority.

(5) In subsection (4) “appropriate local authority” has the same meaning as in section 9.

Life licences

32 Release on life licence: conditions

(1) This section applies where by virtue of section 23(2)(b) or 42(4)(b) the Parole Board specifies conditions which are to be included in a prisoner’s life licence.

(2) The Scottish Ministers must include in the prisoner’s life licence—

(a) those conditions,

(b) the standard conditions, and

(c) if section 29(1) applies, the supervision conditions.

(3) On the direction of the Parole Board, the Scottish Ministers may—

(a) vary the conditions mentioned in subsection (2),

(b) cancel conditions,

(c) include in the licence further conditions.

33 Compassionate release on life licence: conditions

(1) This section applies where by virtue of section 27(1) the Scottish Ministers release a prisoner on life licence.

(2) The Scottish Ministers must include in the licence—

(a) the standard conditions,

(b) the supervision conditions, and

(c) such other conditions as they consider appropriate.

(3) The Scottish Ministers may—

(a) vary or cancel the conditions mentioned in subsection (2),

(b) include further conditions in the licence.

Duration of licence

34 Period during which licence in force

(1) Where a custody-only prisoner is released on licence by virtue of section 27(1), the licence remains in force until the expiry of the prisoner’s sentence.

(2) Where a custody and community prisoner is released on community licence by virtue of section 11(2), 13(2)(a), 19(1), 27(1) or, as the case may be 42(4)(a), the licence remains in force until the expiry of the prisoner’s sentence.

(3) Where a life prisoner is released on life licence by virtue of section 23(2)(a), 27(1) or, as the case may be 42(4)(a), the licence remains in force until the prisoner dies.

Prisoner to comply with licence conditions

35 Prisoner to comply with licence conditions

Where a prisoner is released on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a), the prisoner must, while the licence is in force, comply with the conditions included in the licence.

Suspension

36 Suspension of licence conditions while detained

(1) Subsection (2) applies where—

(a) the Scottish Ministers release a prisoner on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a), and

(b) while the licence is in force the prisoner continues to be, or is, detained in prison by virtue of this Part, any other enactment or any rule of law.

(2) Any condition in the licence other than a condition mentioned in subsection (3) is suspended for the relevant period.

(3) Those conditions are any conditions (however expressed) requiring the prisoner—

(a) to be of good behaviour and to keep the peace,

(b) to refrain from contacting a person, or class of person, specified in the licence (or to refrain from doing so without the approval of a person specified in the licence).

(4) The relevant period is—

(a) the period during which the prisoner remains detained in prison, and

(b) the licence remains in force.

(5) The Scottish Ministers may by order amend subsection (3) by amending conditions or adding or removing conditions.

Revocation

37 Revocation of licence

(1) If—

(a) a prisoner is released on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a),

(b) the prisoner is not detained as mentioned in section 36(1)(b), and

(c) subsections (2) and (3) apply,

the Scottish Ministers must revoke the licence and recall the prisoner to prison.

(2) This subsection applies if—

(a) the prisoner breaches a licence condition, or

(b) the Scottish Ministers consider that the prisoner is likely to breach a licence condition.

(3) This subsection applies if the Scottish Ministers consider that it is in the public interest to revoke the licence and recall the prisoner to prison.

(4) If—

(a) a prisoner is released on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a),

(b) the prisoner is detained as mentioned in section 36(1)(b), and

(c) subsections (2) and (5) apply,

the Scottish Ministers must revoke the licence.

(5) This subsection applies if the Scottish Ministers consider that it is in the public interest to revoke the licence.

38 Compassionate release: additional ground for revocation of licence

(1) This section applies if—

(a) a prisoner is released on licence by virtue of section 27(1), and

(b) the Scottish Ministers are satisfied that there are no longer compassionate grounds justifying the prisoner’s release on licence by virtue of that section.

(2) The Scottish Ministers must revoke the licence.

(3) If the prisoner is not detained as mentioned in section 36(1)(b), the Scottish Ministers must recall the prisoner to prison.

39 Prisoners unlawfully at large

Where—

(a) a prisoner’s licence is revoked by virtue of section 37(1) or 38(2), and

(b) the prisoner is at large,

the prisoner is unlawfully at large.

40 Compassionate release: effect of revocation in certain circumstances

(1) Subsection (2) applies where—

(a) a prisoner is released on licence by virtue of section 27(1),

(b) the licence is revoked by virtue of section 37(1) or (4) or 38(2), and

(c) the revocation occurs before the expiry of the relevant period.

(2) This Part applies to the prisoner as if the prisoner had not been released on licence by virtue of section 27(1).

(3) The relevant period is—

(a) in the case of a custody-only prisoner, the prisoner’s sentence,

(b) in the case of a custody and community prisoner, the custody part of the prisoner’s sentence,

(c) in the case of a life prisoner, the punishment part of the prisoner’s sentence.

41 Referral to Parole Board following revocation of licence

(1) Subsection (2) applies where the Scottish Ministers revoke a licence by virtue of section 37(1) or (4) or 38(2).

(2) The Scottish Ministers must—

(a) inform the prisoner of the reasons for the revocation, and

(b) subject to section 40, refer the prisoner’s case to the Parole Board.

42 Consideration by Parole Board

(1) This section applies where a prisoner’s case is referred to the Parole Board by virtue of section 41(2)(b), 43(9) or 44(5).

(2) The Parole Board must determine whether subsection (3) applies in respect of the prisoner.

(3) This subsection applies if it is in the public interest that the prisoner be confined.

(4) If the Parole Board determines that subsection (3) does not apply it must—

(a) direct the Scottish Ministers to release the prisoner on licence, and

(b) specify conditions to be included in the licence.

(5) Where a direction is given under subsection (4)(a) the Scottish Ministers must release the prisoner on community licence or, as the case may be, life licence.

43 Determination that section 42(3) applicable: consequences for custody and community prisoners

(1) This section applies where the Parole Board determines, under subsection (2) of section 42, that subsection (3) of that section applies to a custody and community prisoner.

(2)