Explanatory Notes

Custodial Sentences and Weapons (Scotland) Act 2007

2007 asp 17

19 April 2007

Commentary on Parts

Part 2 - Confinement and Release of Prisoners

CHAPTER 3 .Community and Life Licences
The supervision conditions
Section 29 - Release on licence of certain prisoners: the supervision conditions

64.This section (see, in particular, subsection (2)) requires the Scottish Ministers to include a supervision condition in the licence where the prisoner being released (other than one liable to removal from the United Kingdom) falls into the following categories: a life prisoner; a custody and community prisoner with a sentence of 6 months or more or who is detained in custody beyond the court-imposed custody part of the sentence; a custody and community prisoner with a custody part set at the maximum three-quarters by the court at the point of sentencing; a prisoner released on compassionate grounds; an extended sentence prisoner; a sex offender; or a child,.

65.Subsection (4) states that a supervision conditions are that (a) the prisoner is to be supervised by a relevant officer of the local authority specified in the licence, (b) the prisoner comply with any other requirements imposed by the supervising officer, (c) the prisoner maintains contact with the supervising officer as directed, and (d) the prisoner informs the supervising officer of any change of address and any change of employment.

66.Subsection (5) provides that the “relevant officer” referred to in subsection (3), in relation to a local authority, is an officer of that local authority employed by it as a social worker.