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Prisons (Scotland) Act 1989

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This is the original version (as it was originally enacted).

30Supervision of certain prisoners after release

(1)If it appears to the Secretary of State that a person serving a sentence of imprisonment is a person to whom this section applies, he shall, by notice given to such person in accordance with subsection (3) below, place him under supervision on his release from prison.

(2)Subject to the provisions of subsection (7) below, this section applies—

(a)to any person serving a sentence of imprisonment for a term of three years or more;

(b)to any person serving a sentence of imprisonment for a term of not less than six months, but less than three years, who is under the age of 26 years at the commencement of the sentence;

but does not apply to a person serving a sentence of imprisonment for life.

(3)Before the release from prison of any person to whom this section applies, the Secretary of State shall cause to be given to him a notice (“a notice of supervision”) giving the name and address of the person who is to be his supervising officer in the first instance, and specifying the requirements with which he has to comply while under supervision; and a notice given to any person under this subsection shall contain a statement that it is given to him as falling within a specified class of the persons to whom this section for the time being applies.

(4)Subject to this section and sections 214 and 423 of the 1975 Act, every person to whom this section applies shall, after his release from prison and until the expiry of the period of 12 months from the date of his release, be under supervision, and shall, while under that supervision, be required—

(a)to keep in touch with his supervising officer in accordance with such instructions as may from time to time be given by that officer; and

(b)to comply with the directions of his supervising officer as to conduct; and

(c)to comply with such other requirements as may be specified in his notice of supervision.

(5)At any time during the period referred to in subsection (4) above the Secretary of State may, by notice in writing given to a person under supervision as aforesaid,—

(a)discharge him from supervision, or

(b)replace as from a specified date his supervising officer by another supervising officer whose name and address shall be specified in that notice, or

(c)cancel or modify any other of the requirements specified in his notice of supervision.

(6)The Secretary of State may by order substitute a lower limit of three months instead of six months in paragraph (b) of subsection (2) above.

(7)This section shall not apply to persons serving a sentence of imprisonment commencing before such date as may be prescribed by order of the Secretary of State under this subsection; and any such order may prescribe different dates in respect of sentences described in paragraphs (a) and (b) respectively of subsection (2) above, and, in respect of sentences comprised in the said paragraph (b), either according to the length of the term of imprisonment under a sentence or to the age of the person on whom it is passed.

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