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

Prospective

Chapter 3 S Community and life licences

Revocation S

40 Compassionate release: effect of revocation in certain circumstances S

(1) Subsection (2) applies where—

(a) a prisoner is released on licence by virtue of section 27(1),

(b) the licence is revoked by virtue of section 37(1) or (4) or 38(2), and

(c) the revocation occurs before the expiry of the relevant period.

(2) This Part applies to the prisoner as if the prisoner had not been released on licence by virtue of section 27(1).

(3) The relevant period is—

(a) in the case of a custody-only prisoner, the prisoner's sentence,

(b) in the case of a custody and community prisoner, the custody part of the prisoner's sentence,

(c) in the case of a life prisoner, the punishment part of the prisoner's sentence.