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Custodial Sentences and Weapons (Scotland) Act 2007

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Suspension

36Suspension of licence conditions while detained

(1)Subsection (2) applies where—

(a)the Scottish Ministers release a prisoner on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a), and

(b)while the licence is in force the prisoner continues to be, or is, detained in prison by virtue of this Part, any other enactment or any rule of law.

(2)Any condition in the licence other than a condition mentioned in subsection (3) is suspended for the relevant period.

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

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

(b)to refrain from contacting a person, or class of person, specified in the licence (or to refrain from doing so without the approval of a person specified in the licence).

(4)The relevant period is—

(a)the period during which the prisoner remains detained in prison, and

(b)the licence remains in force.

(5)The Scottish Ministers may by order amend subsection (3) by amending conditions or adding or removing conditions.

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