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Prisoners and Criminal Proceedings (Scotland) Act 1993

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Changes over time for: Section 12

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No longer has effect: 30/09/1998

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Prisoners and Criminal Proceedings (Scotland) Act 1993, Section 12 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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12 Conditions in licence.E+W+S

(1)A person released on licence under this Part of this Act shall comply with such conditions as may be specified in that licence by the Secretary of State.

(2)Without prejudice to the generality of subsection (1) above and to the power of the Secretary of State under subsection (3) below to vary or cancel any condition, a licence granted under this Part of this Act shall include a condition requiring that the person subject to it—

(a)shall be under the supervision of a relevant officer of such local authority, or of a probation officer appointed for or assigned to such petty sessions area, as may be specified in the licence; and

(b)shall comply with such requirements as that officer may specify for the purposes of the supervision.

(3)The Secretary of State may from time to time under subsection (1) above insert, vary or cancel a condition in a licence granted under this Part of this Act; but in the case of [F1a long-term or]life prisoner no licence condition shall be included on release or subsequently inserted, varied or cancelled except—

(a)in the case of the inclusion [F2or subsequent insertion, variation or cancellation] of a condition in the licence of a discretionary life prisoner, in accordance with the recommendations of the Parole Board; and

(b)in any other case, after consulting the Board.

(4)For the purposes of subsection (3) above, the Secretary of State shall be treated as having consulted the Parole 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.

Extent Information

E1S.12(1)(2)(3)(4) extends to Scotland, S.12(2) extends also to England and Wales.

Textual Amendments

F1Words in s. 12(3) repealed (prosp.) by 1997 c. 48, ss. 62(1)(2), 65(3), Sch. 1 para. 14(10)(a), Sch. 3 (with s. 33) (which amending provisions were repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 paras. 141(1)(b), 143(3)(a), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y))

F2Words in s. 12(3)(a) inserted (3.2.1995) by 1994 c. 33, s. 131; S.I. 1995/127, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1Ss. 1(4), 2, 2(4), 3, 11-13, 15, 17, 18, 19 extended (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6); S.I. 1997/2200, art. 2(1)(g) (subject to art. 5) (which amending provisions were amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(a)(i)(d)(6)(a)(i)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))

Ss. 11-13 applied (with modifications) (1.10.1997) by S.I. 1997/1776, arts. 1, 2, Sch. 1 paras. 5, 6, 7 (with transitional provisions in art. 3, Sch. 2); S.I. 1997/2200, art. 2(1)(g)

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