Management of Offenders (Scotland) Act 2019

1. Introduction

2. The Act

3. The Structure and a Summary of the Act

   1. Part 1 – Electronic Monitoring Etc.

      1. Monitoring in criminal proceedings

         1. Section 1 – Requirement when disposing of case

         2. Section 2 – Particular rules regarding disposals

         3. Section 3 - List of the relevant disposals

         4. Section 4 - More about the list of disposals

      2. Monitoring on release on parole

         1. Section 5 - Requirement with licence conditions

         2. Section 6 – Particular rules regarding conditions

         3. Section 7 – List of the relevant conditions

      3. Devices, use and information

         1. Section 8 – Approved devices to be prescribed

         2. Section 9 – Use of devices and information

      4. Arrangements and designation

         1. Section 10 – Arrangements for monitoring system

         2. Section 11 – Designation of person to do monitoring

      5. Obligations and compliance

         1. Section 12 – Standard obligations

         2. Section 13 – Deemed breach of disposal or conditions

         3. Section 14 – Documentary evidence at breach hearings

      6. SSI procedure and schedule

         1. Section 15 – Procedure for making regulations

         2. Section 16 – Additional and consequential provisions

   2. Part 2 – Disclosure of Convictions

      1. Rules relating to disclosure

         1. Section 17 - Effect of expiry of disclosure periods

         2. Section 18 - Sentences excluded from becoming spent

         3. Section 19 - Disclosure periods for particular sentences

         4. Section 20 - Table A – disclosure periods: ordinary cases

         5. Section 21 - Table B – disclosure periods: service sentences

         6. Section 22- Disclosure period: caution for good behaviour

         7. Section 23 - Disclosure period: particular court orders

         8. Section 24 - Disclosure period: adjournment or deferral

         9. Section 25 - Disclosure period: mental health orders

         10. Section 26 - Disclosure period: compulsion orders

         11. Section 27 – Disclosure period: juvenile offenders

         12. Section 28 – Disclosure period: service discipline

         13. Section 29 - Sentences to which no disclosure period applies

         14. Section 30 - Disclosure periods applicable to convictions

      2. Regulation-making and other powers

         1. Section 31 – Powers as to alternatives to prosecution

         2. Section 32 – How particular powers are exercisable

         3. Section 33 – Excluded sentences: applications for convictions to be treated as spent

         4. Section 34 – Regulations under section 33: general details

         5. Section 35 – Regulations under section 33: appropriate period

         6. Section 36 – Regulations under sections 33 and 35: procedure etc.

      3. Transitional, schedule and definition

         1. Section 37 – Transitional provision

         2. Section 38 – Remainder of amendments

         3. Section 39 – Meaning of the 1974 Act

   3. Part 3 – the Parole Board

      1. Independence and governance

         1. Section 40 – Continued independence of action

         2. Section 41 – Administrative arrangements

      2. Membership and appointment

         1. Section 42 – Mandatory categories of member

         2. Section 43 – Appointment to be for fixed period

         3. Section 44 – Further appointment to membership

            1. Automatic reappointment

         4. Section 45 – References to the chairperson

         5. Section 46 – Amendment of oversight provisions

         6. Section 47 – Repeal of statutory provisions

   4. Part 4 – Prisoners: Control of Release, Being Unlawfully at Large Etc.

      1. Section 48 – Release on licence under section 3AA of the 1993 Act

      2. Section 49 – Release timed to benefit re-integration

      3. Section 50 – Representations by certain recalled prisoners

      4. Section 51 – Frequency of review of particular decisions

      5. Section 52 – Parole Board decisions: consideration of impact on prisoner’s family

      6. Section 53 – Re-release after revocation of licences generally

      7. Section 54 – Long-term prisoners due for removal from the UK

      8. Section 55 – Temporary release on licence under prison rules

      9. Section 56 – Co-operation between public authorities

      10. Section 57 – Operating protocol for release on licence under section 3AA of the 1993 Act

      11. Section 58 – Parole Board recommendations: publication of test

      12. Section 59 – Offence of remaining unlawfully at large

      13. Section 60 – Arrest where unlawfully at large

   5. Part 5 – Final Provisions

      1. Section 61 – Meaning of the 1993 Act

      2. Section 62 – Ancillary provision

      3. Section 63 - Commencement

4. Schedules

   1. Schedule 1 (introduced by section 16) – Court orders and electronic monitoring

      1. Part 1 – Additional provisions

         1. Certain restrictive measures

         2. Notification, reports and addresses

      2. Part 2 – Consequential provisions

   2. Schedule 2 (introduced by section 34)

5. Parliamentary History