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Prisoners and Criminal Proceedings (Scotland) Act 1993

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This is the original version (as it was originally enacted).

12Conditions in licence

(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 a 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 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.

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