PART 15TEMPORARY RELEASE
Eligibility of prisoners for temporary release134
1
In this Part “temporary release” means any of the forms of temporary release defined in rule 136.
2
In this Part “eligible prisoner” means a prisoner who—
a
is assigned low supervision level; and
b
is not disqualified from obtaining temporary release for any reason specified in F1paragraph (3), (4) or (6).
3
A prisoner is disqualified from obtaining temporary release if, for the time being, the prisoner is—
a
subject to proceedings under the Extradition Act 2003;
b
in the written opinion of a healthcare professional, not fit enough to be granted temporary release.
4
Subject to paragraph (5), a life prisoner is disqualified from obtaining temporary release unless the Governor has obtained the prior consent of the Scottish Ministers.
5
Any consent granted by the Scottish Ministers under paragraph (4)—
a
will apply to the first grant of temporary release and any further grants of temporary release; but
b
will cease to have effect if the prisoner is subsequently assigned a supervision level other than low supervision level.
F26
A prisoner is disqualified from obtaining temporary release if the prisoner is subject to a deportation order unless the prisoner has been granted temporary release in the three months prior to the deportation order being made.
7
For the purposes of paragraph (6), a prisoner is subject to a deportation order where—
a
a deportation order has been made against the prisoner under section 5(1) of the Immigration Act 1971; and
b
that order remains in force.