Custodial Sentences and Weapons (Scotland) Act 2007

Community licences

30 Release on community licence on Parole Board’s direction

(1) This section applies where by virtue of section 13(2)(b), 14(3)(b), 16(3), 18(3)(b) or 42(4)(b) the Parole Board specifies conditions which are to be included in a prisoner’s community licence.

(2) The Scottish Ministers must include in the prisoner’s community licence—

(a) those conditions,

(b) the standard conditions, and

(c) if section 29(1) applies, the supervision conditions.

(3) On the direction of the Parole Board, the Scottish Ministers may—

(a) vary the conditions mentioned in subsection (2),

(b) cancel conditions (other than the standard conditions and the supervision conditions),

(c) include in the licence further conditions.

31 Community licences in which Scottish Ministers may specify conditions

(1) This section applies where by virtue of section 11(2) or 27(1) the Scottish Ministers release a prisoner on community licence.

(2) The Scottish Ministers—

(a) must include in the prisoner’s community licence—

(i) the standard conditions, and

(ii) if section 29(1) applies, the supervision conditions,

(b) may include in the licence such other conditions as they consider appropriate.

(3) The Scottish Ministers may—

(a) vary the conditions mentioned in subsection (2),

(b) cancel conditions (other than the standard conditions and the supervision conditions),

(c) include in the licence such further conditions as they consider appropriate.

(4) Before exercising any of the powers conferred by subsection (2) or (3), the Scottish Ministers must, in pursuance of arrangements established under section 9(1), co-operate with the appropriate local authority.

(5) In subsection (4) “appropriate local authority” has the same meaning as in section 9.