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
Community Licences
Section 31 - Community licences in which Scottish Ministers may specify conditions

68.This section provides that, in a case where the Scottish Ministers release a prisoner without referring the case to the Parole Board, the Scottish Ministers can include such conditions as they consider appropriate upon the prisoner being released on community licence either on the expiry of the custody part or as a result of being granted compassionate release. Subsection (2) also provides that the Scottish Ministers must include the standard conditions specified at section 28 and, if applicable, the supervision conditions. Subsection (3) allows Scottish Ministers to vary or cancel conditions or include such further conditions as they consider appropriate. Subsection (4) provides that in exercising such powers they must co-operate with the appropriate local authority, as defined in section 9.