C1C2C3C4C5C6 Part I Detention, Transfer and Release of Offenders
Pt. 1 applied (S.) (8.10.2001) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), ss. 4, 15(2), Sch. paras. 29, 66, 67, 77 (with Sch. para. 65); S.S.I. 2001/274, art. 3(3) (and by that para. 67 as substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(b)(v), 89(2); S.S.I. 2003/288, art. 2, Sch.)
Pt. 1 applied (S.) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), Sch. para. 7A (as inserted) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
Pt. 1: power to modify conferred (S.) (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 94(3)(4), 104(1); S.S.I. 2007/84, art. 3(2)
Pt. I 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.)
Pt. I: power to modify conferred (S.) (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 3
Early release
17AF1Recall of prisoners released under section 3AA
1
If it appears to the Scottish Ministers as regards a prisoner released on licence under section 3AA of this Act that—
a
he has failed to comply with any condition included in his licence; or
b
his whereabouts can no longer be monitored remotely at the place for the time being specified in the curfew condition included in the licence,
they may revoke the licence and recall the person to prison under this section.
2
A person whose licence is revoked under subsection (1) above—
a
must, on his return to prison, be informed of the reasons for the revocation and of his right under paragraph (b) below; and
b
may make representations in writing with respect to the revocation to the Scottish Ministers.
3
The Scottish Ministers are to refer to the Parole Board the case of any person who makes such representations.
4
After considering the case the Parole Board may direct, or decline to direct, the Scottish Ministers to cancel the revocation.
5
Where the revocation of a person's licence is cancelled by virtue of subsection (4) above, the person is to be treated for the purposes of section 3AA of this Act as if he had not been recalled to prison under this section.
6
On the revocation under this section of a person's licence, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
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