Management of Offenders (Scotland) Act 2019

1. Introductory Text

2. PART 1 Electronic monitoring etc.

   1. Monitoring in criminal proceedings

      1. 1. Requirement when disposing of case

      2. 2. Particular rules regarding disposals

      3. 3. List of the relevant disposals

      4. 4. More about the list of disposals

   2. Monitoring on release on parole

      1. 5. Requirement with licence conditions

      2. 6. Particular rules regarding conditions

      3. 7. List of the relevant conditions

   3. Devices, use and information

      1. 8. Approved devices to be prescribed

      2. 9. Use of devices and information

   4. Arrangements and designation

      1. 10. Arrangements for monitoring system

      2. 11. Designation of person to do monitoring

   5. Obligations and compliance

      1. 12. Standard obligations put on offenders

      2. 13. Deemed breach of disposal or conditions

      3. 14. Documentary evidence at breach hearings

   6. SSI procedure and schedule

      1. 15. Procedure for making regulations

      2. 16. Additional and consequential provisions

3. PART 2 Disclosure of convictions

   1. Rules relating to disclosure

      1. 17. Effect of expiry of disclosure periods

      2. 18. Excluded sentences: convictions prevented from becoming spent

      3. 19. Disclosure periods for particular sentences

      4. 20. Table A – disclosure periods: ordinary cases

      5. 21. Table B – disclosure periods: service sentences

      6. 22. Disclosure period: caution for good behaviour

      7. 23. Disclosure period: particular court orders

      8. 24. Disclosure period: adjournment or deferral

      9. 25. Disclosure period: mental health orders

      10. 26. Disclosure period: compulsion orders

      11. 27. Disclosure period: juvenile offenders

      12. 28. Disclosure period: service discipline

      13. 29. Sentences to which no disclosure period applies

      14. 30. Disclosure periods applicable to convictions

   2. Regulation-making and other powers

      1. 31. Powers as to alternatives to prosecution

      2. 32. How particular powers are exercisable

   3. Applications for certain convictions to be treated as spent

      1. 33. Excluded sentences: applications for convictions to be treated as spent

      2. 34. Regulations under section 33: general details

      3. 35. Regulations under section 33: appropriate period

      4. 36. Regulations under sections 33 and 35: procedure etc.

   4. Transitional, schedule and definition

      1. 37. Transitional provision

      2. 38. Remainder of amendments

      3. 39. Meaning of the 1974 Act

4. PART 3 The Parole Board

   1. Independence and governance

      1. 40. Continued independence of action

      2. 41. Administrative arrangements

   2. Membership and appointment

      1. 42. Mandatory categories of member

      2. 43. Appointment to be for fixed period

      3. 44. Further appointment to membership

      4. 45. References to the chairperson

   3. Miscellaneous

      1. 46. Amendment of oversight provisions

      2. 47. Repeal of statutory provisions

5. PART 4 Prisoners: control of release, being unlawfully at large, etc.

   1. Control of release, etc.

      1. 48. Release on licence under section 3AA of the 1993 Act

      2. 49. Release timed to benefit re-integration

      3. 50. Representations by certain recalled prisoners

      4. 51. Frequency of review of particular decisions

      5. 52. Parole Board decisions: consideration of impact on prisoner's family

      6. 53. Re-release after revocation of licences generally

      7. 54. Long-term prisoners due for removal from the UK

      8. 55. Temporary release on licence under prison rules

      9. 56. Co-operation between public authorities

      10. 57. Operating protocol for release on licence under section 3AA of the 1993 Act

      11. 58. Parole Board recommendations: publication of test

   2. Persons unlawfully at large

      1. 59. Offence of remaining unlawfully at large

      2. 60. Arrest where unlawfully at large

6. PART 5 FINAL PROVISIONS

   1. 61. Meaning of the 1993 Act

   2. 62. Ancillary provision

   3. 63. Commencement

   4. 64. Short title

7. 1. SCHEDULE 1

      Court orders and electronic monitoring

      1. PART 1 Additional provisions

         1. Certain restrictive measures

            1. 1. (1) The Criminal Procedure (Scotland) Act 1995 is amended as...

            2. 2. (1) The Criminal Procedure (Scotland) Act 1995 is amended as...

            3. 3. (1) The Criminal Procedure (Scotland) Act 1995 is amended as...

         2. Notification, reports and addresses

            1. 4. (1) The Criminal Procedure (Scotland) Act 1995 is amended as...

            2. 5. (1) The Criminal Procedure (Scotland) Act 1995 is amended as...

      2. PART 2 Consequential provisions

         1. 6. (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 is...

         2. 7. (1) The Criminal Procedure (Scotland) Act 1995 is amended as...

         3. 8. (1) The Crime and Punishment (Scotland) Act 1997 is amended...

         4. 9. (1) The Criminal Justice (Scotland) Act 2003 is amended as...

         5. 10. (1) The Custodial Sentences and Weapons (Scotland) Act 2007 is...

   2. SCHEDULE 2

      Rehabilitation of Offenders Act 1974

      1. 1. (1) The 1974 Act is amended as follows.