Prisoners and Criminal Proceedings (Scotland) Act 1993
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Change 1
20 The Parole Board for Scotland.
(1) There shall continue to be a body to be known as the Parole Board for Scotland, which shall discharge the functions conferred on it by, or by virtue of, . . . this Act. (2) It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Secretary of State may by rules make provision with respect to the proceedings of the Board, including provision— (a) authorising cases to be dealt with in whole or in part by a prescribed number of members of the Board in accordance with such procedure as may be prescribed; (b) requiring cases to be dealt with at prescribed times; and (ba) enabling the Board to require any person, other than a prisoner whose case the Board is considering, to attend a hearing before it to give evidence or to produce documents; (c) as to what matters must or may be taken into account by the Board (or by such number) in dealing with a case. and rules under this section may make different provision for different classes of prisoner. (4A) In making provision such as is mentioned in subsection (4)(ba) above, the Scottish Ministers may apply subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 (c.65) with such modifications as may be set out in the rules but subject to the limitation that any penalty under subsection (5) of section 210 as so applied shall be restricted to a fine which shall not exceed level 2 on the standard scale. (4AA) In making provision mentioned in subsection (4)(c), the Scottish Ministers must in particular include provision that the Board must, when making any decision as to the release of a prisoner serving a sentence imposed following a conviction for murder or culpable homicide (other than a decision as to release under section 3A(4) or 17(4)), take into account, where the victim’s remains have not been recovered, whether— (a) there are reasonable grounds to believe that the prisoner has information about where the victim’s remains are or about how or where the victim’s remains were disposed of, and (b) the prisoner has not disclosed that information. (4AB) In making provision mentioned in subsection (4)(c), the Scottish Ministers must in particular include provision that the Board must, when making any decision in a prisoner’s case, take into account the likely impact of the decision on the safety and security of any victim or of any family member of a victim. (4AC) In subsection (4AB), “victim” means a person against or in respect of whom an offence has been committed by the prisoner. (4B) Provision mentioned in subsection (4)(c) may in particular include provision about the taking into account by the Board of the likely impact of its decision on a prisoner's family. (5) The Secretary of State may give the Board directions as to the matters to be taken into account by it in discharging its functions under this Part of this Act; and in giving any such directions the Secretary of State shall in particular have regard to— (a) the need to protect the public from serious harm from offenders; and (b) the desirability of preventing the commission by offenders of further offences and of securing their rehabilitation. (6) The supplementary provisions in Schedule 2 to this Act shall have effect with respect to the Board.
20 The Parole Board for Scotland.
(1) There shall continue to be a body to be known as the Parole Board for Scotland, which shall discharge the functions conferred on it by, or by virtue of, . . . this Act. (2) It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Secretary of State may by rules make provision with respect to the proceedings of the Board, including provision— (a) authorising cases to be dealt with in whole or in part by a prescribed number of members of the Board in accordance with such procedure as may be prescribed; (b) requiring cases to be dealt with at prescribed times; and (ba) enabling the Board to require any person, other than a prisoner whose case the Board is considering, to attend a hearing before it to give evidence or to produce documents; (c) as to what matters must or may be taken into account by the Board (or by such number) in dealing with a case. and rules under this section may make different provision for different classes of prisoner. (4A) In making provision such as is mentioned in subsection (4)(ba) above, the Scottish Ministers may apply subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 (c.65) with such modifications as may be set out in the rules but subject to the limitation that any penalty under subsection (5) of section 210 as so applied shall be restricted to a fine which shall not exceed level 2 on the standard scale. (4AA) In making provision mentioned in subsection (4)(c), the Scottish Ministers must in particular include provision that the Board must, when making any decision as to the release of a prisoner serving a sentence imposed following a conviction for murder or culpable homicide (other than a decision as to release under section 3A(4) or 17(4)), take into account, where the victim’s remains have not been recovered, whether— (a) there are reasonable grounds to believe that the prisoner has information about where the victim’s remains are or about how or where the victim’s remains were disposed of, and (b) the prisoner has not disclosed that information. (4AB) In making provision mentioned in subsection (4)(c), the Scottish Ministers must in particular include provision that the Board must, when making any decision in a prisoner’s case, take into account the likely impact of the decision on the safety and security of any victim or of any family member of a victim. (4AC) In subsection (4AB), “victim” means a person against or in respect of whom an offence has been committed by the prisoner. (4B) Provision mentioned in subsection (4)(c) may in particular include provision about the taking into account by the Board of the likely impact of its decision on a prisoner's family. (5) The Secretary of State may give the Board directions as to the matters to be taken into account by it in discharging its functions under this Part of this Act; and in giving any such directions the Secretary of State shall in particular have regard to— (a) the need to protect the public from serious harm from offenders; and (b) the desirability of preventing the commission by offenders of further offences and of securing their rehabilitation. (6) The supplementary provisions in Schedule 2 to this Act shall have effect with respect to the Board.
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