PART 1SENTENCING
Short sentences
18Amendments of Custodial Sentences and Weapons (Scotland) Act 2007
1
The Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) is amended as follows.
2
In section 4 (basic definitions)—
a
in subsection (1)—
i
the definitions of “custody-only prisoner” and “custody-only sentence” are repealed,
ii
in the definition of “custody and community sentence” for “15 days or more” substitute “
at least the prescribed period
”
,
iii
after the definition of “Parole Board” insert—
“prescribed period” means such period as the Scottish Ministers may by order specify,
iv
after the definition of “punishment part” insert—
“short-term custody and community prisoner” means a person serving a short-term custody and community sentence,
“short-term custody and community sentence” means a sentence of imprisonment for an offence for a term of less than the prescribed period,
b
subsection (2) is repealed.
3
For section 5 (release of custody-only prisoners on completion of sentence) substitute—
Short-term custody and community prisoners
5Release of short-term custody and community prisoners
As soon as a short-term custody and community prisoner has served one-half of the prisoner's short-term custody and community sentence the Scottish Ministers must release the prisoner on short-term community licence.
4
In Chapter 3 of Part 2, in the chapter title, for “Community” substitute “
Short-term community, community
”
.
5
In section 29 (release on licence of certain prisoners: the supervision conditions), in subsection (2)(a)—
a
in sub-paragraph (ii), the words from “serving” to the end are repealed,
b
sub-paragraph (iii) is repealed,
c
in sub-paragraphs (iv) and (v), for “person” substitute “
short-term custody and community prisoner
”
,
d
in sub-paragraph (vi), for “person” substitute “
short-term custody and community prisoner serving a sentence of imprisonment of 6 months or more and
”
, and
e
in sub-paragraph (vii), at the beginning insert “
a short-term custody and community prisoner who is
”
.
6
After section 29 insert—
Short-term community licences
29ARelease on short-term community licence: conditions
1
This section applies where, by virtue of section 5, the Scottish Ministers release a prisoner on short-term community licence.
2
The Scottish Ministers must include in the prisoner's short-term community licence—
a
the standard conditions, and
b
where the prisoner falls within section 29(2), the supervision conditions.
3
The Scottish Ministers may include in the prisoner's short-term community licence—
a
where the prisoner does not fall within section 29(2), any of the supervision conditions,
b
such other conditions as they consider appropriate.
4
The Scottish Ministers may—
a
vary any condition mentioned in subsection (2) or (3),
b
cancel any condition mentioned in subsection (3),
c
include any further conditions in the licence.
5
The Scottish Ministers may not cancel any condition mentioned in subsection (2).
6
Before exercising any of the powers conferred by subsection (3) or (4), the Scottish Ministers must, in pursuance of arrangements established under section 46A(1), co-operate with the appropriate local authority.
7
In this section, “appropriate local authority”, in relation to a short-term custody and community prisoner, means the local authority for the area in which the prisoner—
a
resided immediately before the imposition of the short-term custody and community sentence, or
b
intends to reside on release on short-term community licence.
8
If, by virtue of subsection (7), two or more local authorities are the appropriate local authority in relation to a short-term custody and community prisoner, those authorities may agree that the functions conferred on them by subsection (5) and section 46A(2) may be carried out by only one of them.
7
After section 46 insert—
Assessment of conditions for short-term community licences
46AJoint 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 risk posed in the local authority's area by short-term custody and community prisoners released on licence subject to the supervision conditions.
2
For the purposes of assisting the Scottish Ministers in deciding whether, under section 29A(3)(a), to include any of the supervision conditions in a prisoner's short-term community licence, the Scottish Ministers and the appropriate local authority must, during the first half of a short-term custody and community prisoner's sentence, assess, in accordance with arrangements established under subsection (1), whether any of those conditions are appropriate.
3
In this section, “appropriate local authority” is to be construed in accordance with section 29A(7) and (8).
8
In section 47 (curfew licences)—
a
in subsection (1), after “to” insert “
a short-term custody and community prisoner or
”
,
b
in subsection (2) for “the custody part of the prisoner's sentence” substitute—
a
in the case of a short-term custody and community prisoner, the first half of the prisoner's sentence,
b
in the case of a custody and community prisoner, the custody part of the prisoner's sentence
c
after subsection (3) insert—
3A
The Scottish Ministers may release a short-term custody and community 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 166 days before the expiry of one-half of the prisoner's sentence, and
b
before the day falling 14 days before the expiry of one-half of the prisoner's sentence.
d
in subsection (4)—
i
after “a” insert “
custody and community
”
, and
ii
in paragraph (a)(ii), for “135” substitute “
166
”
, and
e
in subsection (8), for “the custody part of the prisoner's sentence” substitute—
a
in the case of a short-term custody and community prisoner, the first half of the prisoner's sentence,
b
in the case of a custody and community prisoner, the custody part of the prisoner's sentence
9
Schedule 3 amends the Custodial Sentences and Weapons (Scotland) Act (asp 17) and the 1995 Act in consequence of amendments made by this section.