Prisoners and Criminal Proceedings (Scotland) Act 1993
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Change 1
12 Conditions in licence.
(1) A person released on licence under this Part of this Act shall , subject to section 12A below, 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 , ofan officer of a local probation board appointed for or assigned to such local justice areaor (as the case may be) of an officer of a provider of probation services acting in such local justice 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. (2A) In its application to a licence granted under section 3AA of this Act, subsection (2) above is to be construed as if, for the words “shall include” there were substituted may include. (3) The Scottish Ministers may under subsection (1) above include on release and from time to time insert, vary or cancel a condition in a licence granted under this Part of this Act; but— (a) in the case of a long-term or life prisoner released by the Scottish Ministers under subsection (1) of section 3 of this Act without consulting the Parole Board, no licence condition shall be inserted, varied or cancelled subsequent to the release except in accordance with the recommendations of the Parole Board; and (b) in the case of any other long-term or life prisoner, no licence condition shall be included on release, or subsequently inserted, varied or cancelled except in accordance with such recommendations. (3A) Subsection (3)(b) does not apply in relation to a standard condition in a licence granted by virtue of regulations under section 3C(3). (4A) Subsection (3)(b) above does not apply in relation to a condition in a licence granted under section 3AA of this Act; but in exercising their powers under this section in relation to a long-term prisoner released on such a licence the Scottish Ministers must have regard to any recommendations which the Parole Board has made for the purposes of section 1(3) of this Act as to conditions to be included on release. (4B) If subsection (4C) applies, the— (a) Parole Board, when making recommendations as to licence conditions under this Part, and (b) Scottish Ministers, when making a decision as to licence conditions under this Part, must consider whether an exclusion zone condition should be included in a prisoner’s licence. (4C) This subsection applies where the Board has or, as the case may be, the Scottish Ministers have information that the prisoner’s being released or re-released, or remaining released, may have an adverse impact on the safety and security or on the wellbeing of— (a) a victim, (b) a member of a victim’s family, or (c) any other identified person or group of persons. (4D) In subsections (4B) and (4C)— “exclusion zone condition” is a condition which prohibits the released person from entering a place or area specified in the condition, “victim” means a person against or in respect of whom an offence has been committed by the prisoner.
12 Conditions in licence.
(1) A person released on licence under this Part of this Act shall , subject to section 12A below, 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 , ofan officer of a local probation board appointed for or assigned to such local justice areaor (as the case may be) of an officer of a provider of probation services acting in such local justice 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. (2A) In its application to a licence granted under section 3AA of this Act, subsection (2) above is to be construed as if, for the words “shall include” there were substituted may include. (3) The Scottish Ministers may under subsection (1) above include on release and from time to time insert, vary or cancel a condition in a licence granted under this Part of this Act; but— (a) in the case of a long-term or life prisoner released by the Scottish Ministers under subsection (1) of section 3 of this Act without consulting the Parole Board, no licence condition shall be inserted, varied or cancelled subsequent to the release except in accordance with the recommendations of the Parole Board; and (b) in the case of any other long-term or life prisoner, no licence condition shall be included on release, or subsequently inserted, varied or cancelled except in accordance with such recommendations. (3A) Subsection (3)(b) does not apply in relation to a standard condition in a licence granted by virtue of regulations under section 3C(3). (4A) Subsection (3)(b) above does not apply in relation to a condition in a licence granted under section 3AA of this Act; but in exercising their powers under this section in relation to a long-term prisoner released on such a licence the Scottish Ministers must have regard to any recommendations which the Parole Board has made for the purposes of section 1(3) of this Act as to conditions to be included on release. (4B) If subsection (4C) applies, the— (a) Parole Board, when making recommendations as to licence conditions under this Part, and (b) Scottish Ministers, when making a decision as to licence conditions under this Part, must consider whether an exclusion zone condition should be included in a prisoner’s licence. (4C) This subsection applies where the Board has or, as the case may be, the Scottish Ministers have information that the prisoner’s being released or re-released, or remaining released, may have an adverse impact on the safety and security or on the wellbeing of— (a) a victim, (b) a member of a victim’s family, or (c) any other identified person or group of persons. (4D) In subsections (4B) and (4C)— “exclusion zone condition” is a condition which prohibits the released person from entering a place or area specified in the condition, “victim” means a person against or in respect of whom an offence has been committed by the prisoner.
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