Modifications etc. (not altering text)
C1Pt. 1 modified (S.) (20.10.1997) by 1997 c. 48, s. 16(2)(3) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1
C2Pt. 1 applied (S.) (8.10.2001) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), ss. 4, 15(2), Sch. paras. 29, 66, 67, 77 (with Sch. para. 65); S.S.I. 2001/274, art. 3(3) (and by that para. 67 as substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(b)(v), 89(2); S.S.I. 2003/288, art. 2, Sch.)
C3Pt. 1 applied (S.) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), Sch. para. 7A (as inserted) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
C4Pt. 1: power to modify conferred (S.) (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 94(3)(4), 104(1); S.S.I. 2007/84, art. 3(2)
C5Pt. I: power to modify conferred (S.) (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. 3
C6Pt. 1 modified by 2007 asp 17, Sch. 6 (as substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 19, 206(1); S.S.I. 2011/178, art. 2, sch.); (as amended (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(5), 63(2); S.S.I. 2019/309, reg. 2; and (30.4.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 58)
C7Pt. 1 applied by 1984 c. 47, Sch. para. 2(3A) (as inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(4))
C8Pt. 1 applied by 1984 c. 47, Sch. para. 2 (as modified (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 4)
[F1(1)Where—
(a)a long-term prisoner has been released on licence under this Part of this Act and is not detained as mentioned in section 12A(1)(a) or (b) of this Act; or
(b)a life prisoner has been so released on licence and is not detained as mentioned in section 12A(1)(b) of this Act,
the Scottish Ministers—
(i)shall, if recommended to do so by the Parole Board; or
(ii)may, if revocation and recall are, in their opinion, expedient in the public interest and it is not practicable to await such a recommendation,
revoke the licence and recall the prisoner to prison.
(1A)Where a long-term prisoner or a life prisoner has been released on licence as mentioned in subsection (1) above, but is detained as mentioned in that subsection, the Scottish Ministers—
(a)shall, if recommended to do so by the Parole Board; or
(b)may, if revocation is, in their opinion, expedient in the public interest and it is not practicable to await such a recommendation,
revoke the licence.
(1B)Where a short-term prisoner has been released on licence under section 3(1) of this Act, the Scottish Ministers may, whether or not he is detained as mentioned in section 12A(1)(b) of this Act—
(a)revoke the licence; and
(b)where he is not so detained, recall him to prison,
if they are satisfied that his health or circumstances have so changed that his release on licence is no longer justified.
(2)The Scottish Ministers shall, on the [F2return to prison of a person whose licence is revoked] under subsection (1), (1A) or (1B) above, inform that person of the reasons for the revocation.
(3)The Scottish Ministers shall refer to the Parole Board the case of a person whose licence is revoked under subsection (1), (1A) or (1B) above.]
(4)Where on a reference under subsection (3) above the Parole Board directs a prisoner’s F3... release on licence, [F4the Scottish Ministers must give effect to the direction without undue delay] .
[F5(4AA)Where the Parole Board directs the release of a prisoner under subsection (4) above it may recommend that the Scottish Ministers insert, vary or cancel conditions in the prisoner’s licence.]
[F6(4A)Where the case of a prisoner to whom section 3A of this Act applies is referred to the Parole Board under subsection (3) above, subsection (4) of that section shall apply to that prisoner in place of subsection (4) above.]
(5)On the revocation of the licence of any person under the foregoing provisions of this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
(6)A licence under this Part of this Act, other than the licence of a life prisoner, shall be revoked by the Secretary of State if all conditions in it have been cancelled; and where a person’s licence has been revoked under this subsection the person shall be treated in all respects as if released unconditionally.
[F7(7)References in this section to release on licence do not include release on licence under section 3AA of this Act.]
Textual Amendments
F1S. 17(1)(1A)(1B)(2)(3) substituted (27.6.2003) for s. 17(1)-(3) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. {s. 36(4)}, 89(2); S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 17(2) substituted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 53(3)(a), 63(2); S.S.I. 2019/309, reg. 2
F3Word in s. 17(4) repealed (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 53(3)(b)(i), 63(2); S.S.I. 2020/283, reg. 2(o) (with reg. 5)
F4Words in s. 17(4) substituted (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 53(3)(b)(ii), 63(2); S.S.I. 2020/283, reg. 2(o) (with reg. 5)
F5S. 17(4AA) inserted (8.10.2001) by 2001 asp 7, s. 1(5)(c); S.S.I. 2001/274, art. 3(3)
F6S. 17(4A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 105; S.I. 1998/2327, art. 2(1)(y)(2)(hh)
F7S. 17(7) added (3.7.2006 for specified purposes, otherwise 21.3.2008) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(12), 24(2); S.S.I. 2006/331, art 3(4)(5); S.S.I. 2008/21, art. 2(2)
Modifications etc. (not altering text)
C9Ss. 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))