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Prisons (Scotland) Act 1989
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Changes over time for: Section 25
Version Superseded: 01/10/1993
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - 01/10/1993- Amendment
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25 Release on licence of children convicted on indictment.S
(1)Subject to subsection (2) below, the Secretary of State may release on licence, on such conditions as may for the time being be specified in the licence, a person detained under section 206 of the 1975 Act (detention of children convicted on indictment).
(2)Where a person has been sentenced under the said section 206 to be detained for a period exceeding 18 months, the Secretary of State—
(a)shall not release him on licence under subsection (1) above except on the recommendation of the Parole Board; and
(b)shall consult the Board with regard to the inclusion or subsequent insertion of any condition in the licence or the variation or cancellation of any such condition; but for the purposes of this paragraph the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.
(3)A licence granted under subsection (1) above shall, unless previously revoked under subsection (4) below, remain in force until the expiry of the period of—
(a)detention specified by the court under the said section 206, or
(b)12 months from the date of release under the licence,
whichever is the later.
(4)The Secretary of State may—
(a)on the recommendation of the Parole Board, or
(b)at his own instance, where it appears to him to be in the public interest to do so before consultation with the Board is practicable,
revoke a licence granted under subsection (1) above and recall the person released under the licence to a place in which the Secretary of State directs that he should be detained; and on such revocation, the person shall be liable to be detained in pursuance of his sentence, and, if at large, shall be deemed to be unlawfully at large.
(5)The Secretary of State shall inform a person recalled under subsection (4) above of the reasons for his recall, so that the person may make representations in writing to the Parole Board with respect to his recall; and the Board may, on receipt of such representations, require the Secretary of State to release him on licence forthwith.
(6)Subject to subsection (5) above, a person detained in pursuance of subsection (4) above shall remain in detention until the expiry of the period of—
(a)detention specified by the court under the said section 206; or
(b)three months from the date of the commencement of his detention in pursuance of the said subsection (4),
whichever is the later:
Provided that the Secretary of State may, at any time before the expiry of the period referred to in paragraph (a) above, again release him on licence.
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