Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)

Part 2 S Confinement and release of prisoners

Modifications etc. (not altering text)

C1 Pt. 2 power to modify conferred (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 2

Chapter 2 S Confinement, review and release of prisoners

Prospective

Custody and community prisoners S

11 Consequences of review S

(1) This section applies where the Scottish Ministers make a determination under subsection (1) of section 10 in respect of a prisoner.

(2) If the Scottish Ministers determine that subsection (2) of that section does not apply in respect of the prisoner, they must release the prisoner on community licence on the expiry of the custody part of the prisoner's sentence.

(3) If the Scottish Ministers determine that subsection (2) of that section applies in respect of the prisoner, they must, before the expiry of the custody part of the prisoner's sentence, refer the prisoner's case to the Parole Board.