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Criminal Justice (Scotland) Act 2003

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34Suspension of conditions and revocation of licences under 1989 Act

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(1)The 1989 Act is amended for the purposes of the existing provisions (within the meaning of Schedule 6 to the 1993 Act) as follows.

(2)In subsection (6) of section 22 (which requires a person released on licence under that section to comply with such conditions as may be specified in the licence), after the word “shall” there is inserted “, subject to section 22A below,”.

(3)After that section there is inserted—

22ASuspension of licence conditions

(1)Where a prisoner, who has been released on licence under section 22 of this Act as respects a sentence of imprisonment—

(a)continues, by virtue of any enactment or rule of law, to be detained in prison notwithstanding such release; or

(b)is, by virtue of any enactment or rule of law, detained in prison subsequent to the date of such release but while the licence remains in force,

the conditions in the licence, other than those mentioned in subsection (3) below, shall by virtue of such detention be suspended.

(2)The suspension of the conditions shall have effect for so long as—

(a)the prisoner is so detained; and

(b)the licence remains in force.

(3)The conditions are any conditions, however expressed, requiring the prisoner—

(a)to be of good behaviour and to keep the peace; or

(b)not to contact a named person or class of persons (or not to do so unless with the approval of a person specified in the licence by virtue of section 22(7) of this Act).

(4)The Scottish Ministers may by order amend subsection (3) above by—

(a)adding to the conditions mentioned in that subsection such other conditions as they consider appropriate; or

(b)cancelling or varying a condition for the time being mentioned in that subsection..

(4)In section 28 (which, among other things, enables the Scottish Ministers to revoke the licence of, and recall to prison, certain prisoners if recommended to do so by the Parole Board and, by virtue of subsection (1A) of that section, requires them to revoke the licence of and recall to prison certain other prisoners if there is such a recommendation)—

(a)in subsection (1), for the word “may” there is substituted “shall”; and

(b)subsection (1A) is repealed.

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