C1Part 2Confinement and release of prisoners
Chapter 2Confinement, review and release of prisoners
Custody and community prisoners
14C1Determination 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.
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