Custodial Sentences and Weapons (Scotland) Act 2007

Custodial Sentences and Weapons (Scotland) Act 2007

2007 asp 17

Commentary on Parts

Part 2 - Confinement and Release of Prisoners

Chapter 2 .Confinement, Review and Release of Prisoners

Custody and community prisoners

Section 14 - Determination that section 10(2) applicable: consequences

40. This section applies where the Parole Board has determined, as a result of an initial referral or of a further review, that a prisoner is likely to cause serious harm to the public on release. Subsection (2) requires that the Parole Board give its reasons in writing.

41. Subsection (3) provides that if, on the day of determination, less than 4 months of the prisoner’s sentence remains before reaching the three-quarters point of the sentence, the prisoner must be confined until that point and the Parole Board must specify conditions to be included on the prisoner’s community licence.

42. Subsection (4) provides that if, on the day of determination, between 4 months and 2 years remain to be served before reaching the three-quarters point, the Parole Board may fix a date for next considering the prisoner’s case during the period specified in subsection (5). Subsection (5) provides that the period begins with the day that falls 4 months after the date of the determination and ends at the three-quarters point. Subsection (6) provides that if the Parole Board decides not to hold another hearing the prisoner must be confined until the three-quarters point and the Parole Board must set a date falling within the period provided for at subsection (5) in order to specify conditions to be included on the prisoner’s community licence.

43. Subsection (7) provides that if, on the day of determination, more than 2 years remain before the three-quarters point, the Parole Board must fix a date for when it will next consider the prisoner’s case. This must fall within the period provided for at subsection (8), which begins with the day that falls 4 months after the date of the determination and before the second anniversary of the determination.

44. Subsection (9) provides that the “three-quarters” point is the day on which the prisoner will have served three-quarters of his sentence.