Prisoners and Criminal Proceedings (Scotland) Act 1993

[F1 3A Re-release of prisoners serving [F2 certain terrorism sentences and] extended sentences. S

(1) [F3 Subject to subsection (1A) below,] this section applies to a prisoner serving [F4 a sentence mentioned in subsection (1ZA)] [F5 and in respect of whom a licence has been revoked under section 17(1) to (1B)] of this Act.

[F6 (1ZA) The sentences are—

(a) a sentence imposed under section 205ZA of the 1995 Act (serious terrorism sentence);

(b) a sentence imposed under section 205ZC of that Act (terrorism sentence with fixed licence period);

(c) an extended sentence under section 210A of that Act.]

[F7 (1A) This section does not apply to such a prisoner if he has, in addition to the sentence in relation to which his recall to prison applies, been sentenced to imprisonment for life and has not been released from that sentence.]

(2) Subject to subsection (3) below, a prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board—

(a) where his case has previously been referred to the Parole Board under this section or section 17(3) of this Act, not less than one year following the [F8 Board’s disposal of his case];

(b) in any other case, at any time.

[F9 (2A) Where—

(a) a prisoner’s case has been referred to the Parole Board under this section or section 17(3) of this Act; and

(b) the prisoner receives another sentence of imprisonment before the Board has considered his case,

the Board shall not consider his case unless there is a further referral of his case to the Board under this section.

(2B) A case which, by virtue of subsection (2A) above, is not considered by the Parole Board shall not, for the purposes of subsection (2)(a) above, be treated as having been disposed of.]

(3) Where a prisoner to whom this section applies is subject to another sentence which is not treated as a single [F10 term] with [F11 the sentence under section 205ZA or, as the case may be, section 205ZC or] the extended sentence, the Secretary of State shall not be required to refer his case to the Parole Board before he [F12 would be eligible to be released, or considered for release, from] that other sentence.

(4) Where the case of a prisoner to whom this section applies is referred to the Parole Board under this section or section 17(3) of this Act, the Board shall,

[F13 (a) where—

(i) the prisoner is serving a sentence imposed under section 205ZA or 205ZC of the 1995 Act or an extended sentence under section 210A of that Act in respect of a terrorism offence, and

(ii) the Board is satisfied that the condition in subsection (4A) is met (but not otherwise),

direct that the prisoner should be released;

(b) where—

(i) the prisoner is serving an extended sentence under section 210A of that Act in respect of a sexual or violent offence, and

(ii) the Board is satisfied that the condition in subsection (4B) is met (but not otherwise),

direct that the prisoner should be released.]

[F14 (4A) The condition is that it is no longer necessary for the protection of the public that the prisoner should be confined.

(4B) The condition is that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined.]

(5) If the Parole Board gives a direction under subsection (4) above, the Secretary of State shall release the prisoner on licence.]

Textual Amendments

F1 S. 3A inserted (30.9.1998) by 1998 c. 37, s. 88; S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)

F2 Words in s. 3A heading inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(9)(a)

F3 Words in s. 3A(1) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(a)(i), 89(2); S.S.I. 2003/288, art. 2, Sch.

F4 Words in s. 3A(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(9)(b)

F5 Words in s. 3A(1) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(a)(ii), 89(2); S.S.I. 2003/288, art. 2, Sch.

F6 S. 3A(1ZA) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(9)(c)

F7 S. 3A(1A) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(b), 89(2); S.S.I. 2003/288, art. 2, Sch.

F8 Words in s. 3A(2)(a) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(c), 89(2); S.S.I. 2003/288, art. 2, Sch.

F9 S. 3A(2A)(2B) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(d), 89(2); S.S.I. 2003/288, art. 2, Sch.

F10 Word in s. 3A(3) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(e)(i), 89(2); S.S.I. 2003/288, art. 2, Sch.

F11 Words in s. 3A(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(9)(d)

F12 Words in s. 3A(3) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(e)(ii), 89(2); S.S.I. 2003/288, art. 2, Sch.

F13 S. 3A(4)(a)(b) substituted for words (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(9)(e)

F14 S. 3A(4A)(4B) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(9)(f)

Modifications etc. (not altering text)

C1 Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) 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) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))