Prisoners and Criminal Proceedings (Scotland) Act 1993

11 Duration of licence. S

(1) Where a long-term prisoner is released on licence under this Part of this Act, the licence shall (unless revoked) remain in force until the entire period specified in his sentence (reckoned from the commencement of the sentence) has elapsed.

(2) Where a life prisoner is so released, the licence shall (unless revoked) remain in force until his death.

(3) Without prejudice to any order under [F1 section 209] of the [F2 1995 Act], where a short-term prisoner is released on licence—

(a) under section 3(1) of this Act, the licence shall (unless revoked) remain in force until

[F3 (i) in the case of a person to whom section 1AB applies, the date on which, but for such release, the entire period specified in the prisoner's sentence (reckoned from the commencement of the sentence) has elapsed, and

(ii) in any other case,] under section 3(1) of this Act, the licence shall (unless revoked) remain in force until the date on which, but for [F4 the release under section 3(1)], he would have been released under section 1(1) of this Act;

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (3ZA) Where a short-term prisoner is released on licence under section 1AB, the licence (unless revoked) remains in force until the entire period specified in the prisoner's sentence (reckoned from the commencement of the sentence) has elapsed.]

[F7 (3A) Subsections (1) to (3) above do not apply in relation to release on licence under section 3AA of this Act.

(3B) A licence granted under section 3AA of this Act remains in force (unless it is revoked) until the date on which the released person would, but for his release under that section, fall to be released under section 1 of this Act.]

Textual Amendments

F1 Words in s. 11(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(6)(a)

F2 Words in s. 11(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(2)

F3 Words in s. 11(3)(a) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 9(2)(a), 10(4)

F4 Words in s. 11(3)(a) substituted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 9(2)(b), 10(4)

F5 S. 11(3)(b) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 102, Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(hh)(3)(u) (with transitional provisions in arts. 5-8)

F6 S. 11(3ZA) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 9(3), 10(4)

F7 S. 11(3A)(3B) inserted (3.7.2006 for specified purposes, otherwise 21.3.2008) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(8), 24(2); S.S.I. 2006/331, art 3(4)(5); S.S.I. 2008/21, art. 2(2)

Modifications etc. (not altering text)

C1 Ss. 1(4), 2, 2(4), 3, 11-13, 15, 17, 18, 19 extended (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6); S.I. 1997/2200, art. 2(1)(g) (subject to art. 5) (which amending provisions were amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(a)(i)(d)(6)(a)(i)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))

Ss. 11-13 applied (with modifications) (1.10.1997) by S.I. 1997/1776, arts. 1, 2, Sch. 1 paras. 5, 6, 7 (with transitional provisions in art. 3, Sch. 2); S.I. 1997/2200, art. 2(1)(g)