http://www.legislation.gov.uk/id/asp/2003/7

http://www.legislation.gov.uk/asp/2003/7/section/34

Criminal Justice (Scotland) Act 2003

An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.

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Statute Law Database

2022-09-18

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2022-05-17

Criminal Justice (Scotland) Act 2003

specified provision(s) and purposes

The Criminal Justice (Scotland) Act 2003 (Commencement No. 2) Order 2003

art. 2

Sch.

Criminal Justice (Scotland) Act 2003

s. 16ZA

Bail and Release from Custody (Scotland) Act 2023

s. 14(2)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 16D

Bail and Release from Custody (Scotland) Act 2023

s. 14(3)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 17ZA

Bail and Release from Custody (Scotland) Act 2023

s. 14(4)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 17DA

Bail and Release from Custody (Scotland) Act 2023

s. 14(6)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 17E(6)

Bail and Release from Custody (Scotland) Act 2023

s. 14(7)(d)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 18A(5)

Bail and Release from Custody (Scotland) Act 2023

s. 14(8)(b)

s. 18(2)

Part 4Prisoners etc.

Release of prisoners

34Suspension of conditions and revocation of licences under 1989 Act

1

The 1989 Act is amended for the purposes of the existing provisions (within the meaning of Schedule 6 to the 1993 Act) as follows.

2

In subsection (6) of section 22 (which requires a person released on licence under that section to comply with such conditions as may be specified in the licence), after the word “shall” there is inserted “ , subject to section 22A below, ”.

3

After that section there is inserted—

22ASuspension of licence conditions
1
Where a prisoner, who has been released on licence under section 22 of this Act as respects a sentence of imprisonment—
a
continues, by virtue of any enactment or rule of law, to be detained in prison notwithstanding such release; or
b
is, by virtue of any enactment or rule of law, detained in prison subsequent to the date of such release but while the licence remains in force,
the conditions in the licence, other than those mentioned in subsection (3) below, shall by virtue of such detention be suspended.
2
The suspension of the conditions shall have effect for so long as—
a
the prisoner is so detained; and
b
the licence remains in force.
3
The conditions are any conditions, however expressed, requiring the prisoner—
a
to be of good behaviour and to keep the peace; or
b
not to contact a named person or class of persons (or not to do so unless with the approval of a person specified in the licence by virtue of section 22(7) of this Act).
4
The Scottish Ministers may by order amend subsection (3) above by—
a
adding to the conditions mentioned in that subsection such other conditions as they consider appropriate; or
b
cancelling or varying a condition for the time being mentioned in that subsection.

4

In section 28 (which, among other things, enables the Scottish Ministers to revoke the licence of, and recall to prison, certain prisoners if recommended to do so by the Parole Board and, by virtue of subsection (1A) of that section, requires them to revoke the licence of and recall to prison certain other prisoners if there is such a recommendation)—

a

in subsection (1), for the word “may” there is substituted “ shall ”; and

b

subsection (1A) is repealed.