Search Legislation

Custodial Sentences and Weapons (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

Chapter 4Curfew licences

47Curfew licences

(1)Subsection (2) applies in relation to a custody and community prisoner who—

(a)is serving a sentence of imprisonment for a term of 3 months or more, and

(b)is of a description specified by the Scottish Ministers by order.

(2)The Scottish Ministers may release the prisoner on licence (a “curfew licence”) before the expiry of the custody part of the prisoner’s sentence.

(3)A curfew licence must include a curfew condition.

(4)The Scottish Ministers may release a prisoner on curfew licence only—

(a)after the later of—

(i)the day on which the prisoner has served the greater of one-quarter or four weeks of the prisoner’s sentence, or

(ii)the day falling 135 days before the expiry of the custody part of the sentence, and

(b)before the day falling 14 days before the expiry of the custody part.

(5)In determining whether to release a prisoner on curfew licence, the Scottish Ministers must have regard to the need to—

(a)protect the public at large,

(b)prevent re-offending by the prisoner, and

(c)secure the successful re-integration of the prisoner into the community.

(6)The Scottish Ministers may include in a curfew licence such other conditions as they consider appropriate.

(7)Where a prisoner is released on curfew licence, the prisoner must, while the licence is in force, comply with the conditions included in the licence.

(8)A curfew licence remains in force until the expiry of the custody part of the prisoner’s sentence.

(9)An order under subsection (1)(b) may include provision—

(a)applying provisions of this Part to curfew licences subject to modifications specified in the order,

(b)amending the periods of time mentioned in subsection (4).

48Curfew conditions

(1)A curfew condition is a condition which requires the person to whom it relates to remain at a place specified in the condition for periods so specified.

(2)A curfew condition may—

(a)require the person not to be in a place, or class of place, so specified at a time or during a period so specified,

(b)specify different places, or different periods, for different days.

(3)A curfew condition may not specify periods which amount to less than nine hours in any one day (excluding the first and last days of the period for which the condition is in force).

49Monitoring of curfew conditions

(1)A person’s compliance with a curfew condition is to be monitored remotely.

(2)Section 245C of the 1995 Act (contractual and other arrangements for, and devices which may be used for the purposes of, remote monitoring) applies in relation to the imposition of, and compliance with, a curfew condition as that section applies in relation to the making of, and compliance with, a restriction of liberty order.

(3)The Scottish Ministers must designate in a curfew licence a person who is to be responsible for the remote monitoring.

(4)The Scottish Ministers may replace the person designated under subsection (3) (or last designated under this subsection) with another person designated with the responsibility for the remote monitoring.

(5)As soon as is practicable after designating a person under subsection (3) or (4), the Scottish Ministers must send the person—

(a)a copy of the curfew condition, and

(b)any other information they consider necessary for the fulfilment of the person’s responsibility.

(6)If a designation is made under subsection (4), the Scottish Ministers must, in so far as it is practicable to do so, notify the person replaced.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources