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.