Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)

Part 2 S Confinement and release of prisoners

Modifications etc. (not altering text)

C1 Pt. 2 power to modify conferred (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 2

Prospective

Chapter 3 S Community and life licences

Revocation S

38 Compassionate release: additional ground for revocation of licence S

(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.