Prisoners and Criminal Proceedings (Scotland) Act 1993

14 Supervised release of short-term prisoners. E+W+S

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F2 Notwithstanding section 26 of the M1 Criminal Justice Act 1961 and [F3 section 209(1)] of the [F4 1995 Act]], where a short-term prisoner within the meaning of the M2 Criminal Justice Act 1991, being a prisoner in respect of whom section 44 of that Act (release of sexual offenders) applies, is transferred to a prison in Scotland [F5 under Schedule 1 to the Crime (Sentences) Act 1997 in an unrestricted transfer within the meaning of that Schedule] to serve his sentence or the remainder of his sentence, the sheriff court for the area in which that prison is situated shall, on the application of the Secretary of State supported by any relevant documents or information received by the Secretary of State on the transfer of the prisoner to Scotland, make under this subsection, but subject to [F3 section 209(3) to (7)] of the [F4 1995 Act], a supervised release order in respect of the prisoner.

(3) For the purposes of a supervised release order under subsection (2) above the relevant period within the meaning of [F3 section 209(3)] of the [F4 1995 Act] shall be whichever is the shorter of—

(a) the period of twelve months from the date of the prisoner’s release; and

(b) the period from that date until the date by which the entire term of imprisonment specified in his sentence has (following commencement of the imprisonment) elapsed.

(4) The Secretary of State shall, not later than thirty days before the date of release of a short-term prisoner who is subject to a supervised release order, designate—

(a) the local authority for the area where the prisoner proposes to reside after release;

(b) the local authority for the area where the place from which he is to be released is situated; or

(c) the justices for the petty sessions area where he proposes to reside after release,

as the appropriate authority or, as the case may be, justices for the purposes of the order.

(5) As soon as practicable after designating a local authority or justices under subsection (4) above the Secretary of State shall—

(a) inform the prisoner in writing of the designation; and

(b) end to the authority or, as the case may be, to the clerk to the justices a copy of the supervised release order and of the relevant documents and information received by the Secretary of State by virtue of [F3 section 209(6)(b)] of the [F4 1995 Act].

Extent Information

E1 S. 14(1)(2)(3)(4)(5) extends to Scotland, S. 14(4) extends also to England and Wales.

Textual Amendments

F1 S. 14(1) repealed (1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 5 (with s. 6, Sch. 3 Pt. II paras. 16, 17)

F2 Words in s. 14(2) ceased to have effect (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(11)(a)(i) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1 and words in s. 14(2) repealed (prosp.) by 1997 c. 48, ss. 62(2), 65(3), Sch. 3 (with s. 33))

F3 Words in s. 14(2)(3)(5) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(7)(a)(i)(ii)(b)(c)

F4 Words in s. 14(1)(2)(3)(5)(b) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(2)

F5 Words in s. 14(2) inserted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(11)(a)(ii) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

Marginal Citations

M1 1961 c. 39.

M2 1991 c. 53.