PART 2 continued CHAPTER 3 continued
(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.
(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.
(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.
(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.
(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.
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.
(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.
(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.
(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.
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.
(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.
(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.
(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.
(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) 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, the prisoner must be confined until the expiry of the prisoner’s sentence.
(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, the Parole Board may, subject to section 26, 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 on the expiry of the prisoner’s sentence.
(6) If no date is fixed under subsection (4) the prisoner must be confined until the expiry of the prisoner’s sentence.
(7) If on the day of the determination at least 2 years of the prisoner’s sentence remain to be served, the Parole Board must, subject to section 26, 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) Where a date is fixed under subsection (4) or (7), the Scottish Ministers must refer the case to the Parole Board before that date.
(1) This section applies where the Parole Board determines, under subsection (2) of section 42, that subsection (3) of that section applies to a life prisoner.
(2) The Parole Board must give the prisoner reasons in writing for its determination.
(3) The Parole Board must, subject to section 26, fix a date falling within the period mentioned in subsection (4) on which it will next consider the prisoner’s case.
(4) 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.
(5) The Scottish Ministers must refer the case to the Parole Board before the date fixed under subsection (3).
(1) Subsection (2) applies where the Parole Board fixes a date under—
(a) section 43(4),
(b) section 43(7), or
(c) section 44(3),
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 43(4), 43(7) or, as the case may be, 44(3).
(3) Subsection (4) applies where the Parole Board does not fix a date under section 43(4).
(4) On the prisoner’s request, the Board may, if it considers it appropriate to do so, fix a date under section 43(4) when it will next consider the prisoner’s case.
(1) This section applies where a prisoner—
(a) is released on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a) as respects any sentence of imprisonment (the “original sentence”), and
(b) while the licence remains in force, another sentence of imprisonment is imposed on the prisoner (the “subsequent sentence”).
(2) Where—
(a) the prisoner is to be released on licence by virtue of this Part as respects the subsequent sentence, and
(b) the licence as respects the original sentence remains in force,
the prisoner must be released on a single licence as respects both the original sentence and the subsequent sentence.
(3) The single licence replaces the licence as respects both the original sentence and the subsequent sentence.
(4) The single licence must include the conditions which were in the licence as respects the original sentence immediately before that licence was replaced.
(5) The single licence remains in force (unless revoked) for the longer of the periods for which the licences as respects—
(a) the original sentence, or
(b) the subsequent sentence,
would (apart from this section and if not revoked) have remained in force.
(6) Where—
(a) the prisoner is to be released unconditionally under this Part as respects the subsequent sentence, and
(b) the licence as respects the original sentence remains in force,
the licence as respects the original sentence continues in force (unless revoked).
(1) Subsection (2) applies in relation to a custody and community prisoner who—
(a) is serving a sentence of imprisonment for a term of 3 months or more, and
(b) is of a description specified by the Scottish Ministers by order.
(2) The Scottish Ministers may release the prisoner on licence (a “curfew licence”) before the expiry of the custody part of the prisoner’s sentence.
(3) A curfew licence must include a curfew condition.
(4) The Scottish Ministers may release a prisoner on curfew licence only—
(a) after the later of—
(i) the day on which the prisoner has served the greater of one-quarter or four weeks of the prisoner’s sentence, or
(ii) the day falling 135 days before the expiry of the custody part of the sentence, and
(b) before the day falling 14 days before the expiry of the custody part.
(5) In determining whether to release a prisoner on curfew licence, the Scottish Ministers must have regard to the need to—
(a) protect the public at large,
(b) prevent re-offending by the prisoner, and
(c) secure the successful re-integration of the prisoner into the community.
(6) The Scottish Ministers may include in a curfew licence such other conditions as they consider appropriate.
(7) Where a prisoner is released on curfew licence, the prisoner must, while the licence is in force, comply with the conditions included in the licence.
(8) A curfew licence remains in force until the expiry of the custody part of the prisoner’s sentence.
(9) An order under subsection (1)(b) may include provision—
(a) applying provisions of this Part to curfew licences subject to modifications specified in the order,
(b) amending the periods of time mentioned in subsection (4).
(1) A curfew condition is a condition which requires the person to whom it relates to remain at a place specified in the condition for periods so specified.
(2) A curfew condition may—
(a) require the person not to be in a place, or class of place, so specified at a time or during a period so specified,
(b) specify different places, or different periods, for different days.
(3) A curfew condition may not specify periods which amount to less than nine hours in any one day (excluding the first and last days of the period for which the condition is in force).
(1) A person’s compliance with a curfew condition is to be monitored remotely.
(2) 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, a curfew condition as that section applies in relation to the making of, and compliance with, a restriction of liberty order.
(3) The Scottish Ministers must designate in a curfew licence a person who is to be responsible for the remote monitoring.
(4) The Scottish Ministers may replace the person designated under subsection (3) (or last designated under this subsection) with another person designated with the responsibility for the remote monitoring.
(5) As soon as is practicable after designating a person under subsection (3) or (4), the Scottish Ministers must send the person—
(a) a copy of the curfew condition, and
(b) any other information they consider necessary for the fulfilment of the person’s responsibility.
(6) If a designation is made under subsection (4), the Scottish Ministers must, in so far as it is practicable to do so, notify the person replaced.
(1) Where (but for this subsection) a prisoner would fall to be released by virtue of this Part on a day which is a Saturday, Sunday or public holiday, the prisoner must instead be released on the last preceding day which is not a Saturday, Sunday or public holiday.
(2) In subsection (1), “public holiday” means any day on which, in the opinion of the Scottish Ministers, public offices or other facilities likely to be of use to the prisoner in the area in which the prisoner is likely to be following release will be closed.
(1) Where a prisoner is serving, or liable to serve, an extended sentence, this Part applies subject to the modifications in subsections (2) to (5).
(2) In section 6(4), (5), (7) and (10), references to a custody and community sentence are to be read as references to the confinement term of an extended sentence.
(3) In section 14(9), the second reference to the prisoner’s custody and community sentence is to be read as a reference to the confinement term of the prisoner’s extended sentence.
(4) In sections 18(1) and 19(1), references to the prisoner’s custody and community sentence are to be read as references to the confinement term of the prisoner’s extended sentence.
(5) In section 47(4)(a)(i), the reference to the prisoner’s sentence is to be read as a reference to the confinement term of the prisoner’s extended sentence.
(6) In this section, the expressions “extended sentence” and “the confinement term” are to be construed in accordance with section 210A(2) of the 1995 Act.
Schedule 2 (which makes provision for the application of this Part to prisoners serving, or liable to serve, more than one sentence of imprisonment) has effect.
Schedule 3 (which makes provision for and in connection with the imposition of sentences of imprisonment framed to take effect on the expiry of another sentence) has effect.
(1) Where a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) has been made in respect of a person serving a sentence of imprisonment, this Part applies to that person as if—
(a) the person continues to serve the sentence while detained in hospital, and
(b) the person had not been removed to hospital.
(2) Where a person is conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act, this Part applies to that person as if, while so detained, the person were serving a sentence of imprisonment imposed at the time the direction was made.
(1) This Part applies in relation to the persons mentioned in subsection (2) as it applies in relation to custody-only prisoners.
(2) Those persons are—
(a) a person on whom detention is imposed under section 207(2) of the 1995 Act for a period of less than 15 days,
(b) a person sentenced to be detained under section 208 of that Act for such a period.
(3) This Part applies in relation to the persons mentioned in subsection (4) as it applies in relation to custody and community prisoners.
(4) Those persons are—
(a) a person on whom detention is imposed under section 207(2) of the 1995 Act for a period of 15 days or more,
(b) a person sentenced to be detained under section 208 of that Act for such a period.
(5) This Part applies in relation to the persons mentioned in subsection (6) as it applies in relation to life prisoners.
(6) Those persons are—
(a) a person sentenced under section 205(2) or (3) of the 1995 Act to be detained without limit of time or for life,
(b) a person on whom detention without limit of time or for life is imposed under section 207(2) of that Act,
(c) a person sentenced to be detained without limit of time under section 208 of that Act.
(7) In this Part as applied by subsections (1), (3) and (5), references to imprisonment are to be read as references to detention; and cognate expressions are to be construed accordingly.
(1) This Part applies in relation to the persons mentioned in subsection (2) as it applies in relation to custody-only prisoners.
(2) Those persons are—
(a) a person serving by virtue of section 219(1) of the 1995 Act a period of imprisonment or, as the case may be, a period of detention in a young offenders institution,
(b) a person serving a period of imprisonment or, as the case may be, a period of detention in a young offenders institution for contempt of court.
(3) Subsection (1) does not apply in relation to—
(a) a person on whom the court imposes before the coming into force of this Part—
(i) a period of imprisonment in default of payment of a fine under paragraph (a) of section 219(1) of the 1995 Act, or
(ii) imprisonment for failure to a pay a fine, or any part or instalment of a fine, under paragraph (b) of that section, or
(b) a person found in contempt of court, where the conduct which is treated as contempt of court occurs (or first occurs) before the coming into force of this Part.
(1) The Scottish Ministers may by order make provision for or in connection with—
(a) the transfer of a person serving a sentence of imprisonment in Scotland from Scotland to a place outwith Scotland,
(b) the transfer to, and confinement in, Scotland of a person serving a sentence of imprisonment imposed outwith Scotland.
(2) An order under subsection (1) may—
(a) include provision modifying the application of Part 2 in relation to persons specified in the order,
(b) modify any other enactment.