Custodial Sentences and Weapons (Scotland) Act 2007

Part 1 The Parole Board for Scotland

1 The Parole Board for Scotland

(1) There shall continue to be a body to be known as the Parole Board for Scotland (the “Parole Board”).

(2) The Parole Board’s principal function is to give directions to the Scottish Ministers in relation to any matter referred to it under Part 2 relating to the release of prisoners.

(3) The Parole Board has such other functions as are conferred on it by virtue of this Act and any other enactment.

(4) In carrying out any of its functions in relation to a person in respect of whom a risk management plan has been prepared under section 6(1) of the Criminal Justice (Scotland) Act 2003 (asp 7), the Parole Board must have regard to the plan.

(5) Schedule 1 makes further provision about the Parole Board.

2 Parole Board rules

(1) The Scottish Ministers may make rules about the practice and procedure of the Parole Board.

(2) Rules under subsection (1) may, in particular, include provision for or in connection with—

(a) authorising cases referred to the Parole Board by virtue of this Act to be dealt with, in whole or in part, by a specified number of members of the Board in accordance with such procedure as may be specified in the rules,

(b) enabling the Parole Board to require any person, other than a prisoner whose case the Board is dealing with, to—

(i) attend a hearing before the Board,

(ii) give evidence to it, or

(iii) produce documents,

(c) requiring cases referred to the Board, or matters specified in the rules that are preliminary or incidental to the determination of cases, to be determined, or other actions so specified to be taken, within periods so specified,

(d) specifying matters which may be taken into account by the Parole Board in dealing with cases.

(3) Rules under subsection (1) which include provision such as is mentioned in subsection (2)(b) may also include provision applying 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 that section as so applied must be restricted to a fine not exceeding level 2 on the standard scale.