C1C2C3C4C5C6C7C8 Part I Detention, Transfer and Release of Offenders

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 modified (S.) (20.10.1997) by 1997 c. 48, s. 16(2)(3) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

C6

Pt. 1 modified by 2007 asp 17, Sch. 6 (as substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 19, 206(1); S.S.I. 2011/178, art. 2, sch.); (as amended (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(5), 63(2); S.S.I. 2019/309, reg. 2; and (30.4.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 58)

C7

Pt. 1 applied by 1984 c. 47, Sch. para. 2(3A) (as inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(4))

C8

Pt. 1 applied by 1984 c. 47, Sch. para. 2 (as modified (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 4)

Early release

12AAF1Conditions for persons released on licence under section 3AA

1

Without prejudice to the generality of section 12(1) of this Act, any licence granted under section 3AA of this Act must include—

a

the standard conditions; and

b

a curfew condition complying with section 12AB of this Act.

2

Subsection (1) above is without prejudice to any power exercisable under section 12 of this Act.

3

In this section, “the standard conditions” means such conditions as may be prescribed as such for the purposes of this section.

4

In subsection (3) above, “prescribed” means prescribed by order by the Scottish Ministers.

5

Different standard conditions may be so prescribed for different classes of prisoner.

6

Subsection (4) of section 3AA of this Act applies in relation to—

a

the exercise of the power of prescription conferred by subsection (3) above; and

b

the specification, variation or cancellation of conditions, other than the standard conditions, in a licence granted under section 3AA of this Act,

as it applies in relation to the exercise of the power conferred by subsection (1) of that section.