Custodial Sentences and Weapons (Scotland) Act 2007
Part 1The Parole Board for Scotland
1The Parole Board for Scotland
2Parole Board rules
Part 2Confinement and release of prisoners
Chapter 1Introductory
3Application of Part 2
4Basic definitions
Chapter 2Confinement, review and release of prisoners
Custody-only prisoners
5Release on completion of sentence
Custody and community prisoners
6Setting of custody part
7Power to amend section 6(4)
8Provision of information by court
9Joint arrangements between Scottish Ministers and local authorities
10Review by Scottish Ministers
11Consequences of review
12Review by Parole Board
13Release on community licence following review by Parole Board
14Determination that section 10(2) applicable: consequences
15Prisoner’s right to request early reconsideration by Parole Board
16Referral to Parole Board for the purposes of specifying conditions
17Further referral to Parole Board
18Cases where custody part specified as three-quarters of prisoner’s sentence
19Release after three-quarters of sentence served
Life prisoners
20Setting of punishment part
21Referral to Parole Board
22Review by Parole Board
23Release on life licence following review by Parole Board
24Determination that section 22(3) applicable: consequences
25Further referral to Parole Board
Referral to Parole Board: postponement
26Referral to Parole Board: postponement
Compassionate release on licence
27Compassionate release on licence
Chapter 3Community and life licences
The standard conditions
28Release on licence: the standard conditions
The supervision conditions
29Release on licence of certain prisoners: the supervision conditions
Community licences
30Release on community licence on Parole Board’s direction
31Community licences in which Scottish Ministers may specify conditions
Life licences
32Release on life licence: conditions
33Compassionate release on life licence: conditions
Duration of licence
34Period during which licence in force
Prisoner to comply with licence conditions
35Prisoner to comply with licence conditions
Suspension
36Suspension of licence conditions while detained
Revocation
37Revocation of licence
38Compassionate release: additional ground for revocation of licence
39Prisoners unlawfully at large
40Compassionate release: effect of revocation in certain circumstances
41Referral to Parole Board following revocation of licence
42Consideration by Parole Board
43Determination that section 42(3) applicable: consequences for custody and community prisoners
44Determination that section 42(3) applicable: consequences for life prisoners
45Prisoner’s right to request early reconsideration by Parole Board
Single licence
46Multiple licences to be replaced by single licence
Chapter 4Curfew licences
47Curfew licences
48Curfew conditions
49Monitoring of curfew conditions
Chapter 5No release on weekends or public holidays
50No release on weekends or public holidays
Chapter 6Extended and multiple sentences
51Prisoners serving extended sentences: application of Part 2
52Prisoners serving more than one sentence: application of Part 2
53Sentences framed to run consecutively
Chapter 7Application of Part 2 to certain persons
54Persons detained under mental health provisions
55Application to young offenders and children
56Fine defaulters and persons in contempt of court
Chapter 8Cross-border transfer of prisoners
57Cross-border transfer of prisoners
Part 3Weapons
Licensing of knives, swords etc.
58Licensing of knife dealers
59Knife dealers' licences: further provision
Sale etc. of weapons
60Sale etc. of weapons
Swords
61Sale etc. of swords
Crossbows
62Sale etc. of crossbows
Possession of weapons in prisons etc.
63Possession of weapons in prisons etc.
Part 4General
64Ancillary provision
65Rules, regulations and orders
66Minor and consequential amendments and repeals
67Short title and commencement
SCHEDULE 1The Parole Board for Scotland
1Membership
2The membership of the Parole Board must include—
3(1) The Scottish Ministers must comply with any provision about...
4Tenure of appointments
5A person ceases to be a member on the day...
6If a member such as is mentioned in paragraph 2(a)...
7If a member such as is mentioned in paragraph 2(b)...
8A member may at any time resign by giving notice...
9A person ceases to be a member on the day...
10A person may be reappointed as a member of the...
11A person who has resigned from the Parole Board may...
12A person who ceases to be a member by virtue...
13Carrying out of functions
14Removal of members
15The tribunal may order the removal of a member only...
16The tribunal is to consist of the following persons appointed...
17The Scottish Ministers may, by regulations— (a) make provision—
18Remuneration, allowances and other expenses
19The expenses of the Parole Board under paragraph 18 and...
20Reporting and planning
21The Parole Board must, as soon as practicable after the...
22(1) The reporting year of the Parole Board is—
23The Scottish Ministers must lay a copy of—
SCHEDULE 2Prisoners serving more than one sentence: application of Part 2
1Multiple custody-only sentences
2Multiple custody and community sentences
3Combinations of custody-only and custody and community sentences
4Multiple life sentences
5Combinations of life sentences and other sentences
6Single licence for released prisoner serving multiple sentences
7Special case: extended sentences
SCHEDULE 3Sentences framed to run consecutively
1Power to impose sentence to take effect on expiry of other sentence
2Postponement of sentencing where previous punishment part or custody part not specified
3Effect of sentences framed to take effect consecutively
4(1) This paragraph applies where— (a) the court imposes a...
5Effect of sentences framed to take effect consecutively on extension periods
6Application of schedule where previous sentence imposed by court outwith Scotland
SCHEDULE 4Minor and consequential amendments
1Criminal Procedure (Scotland) Act 1995 (c. 46)
2In section 204A of the 1995 Act (restriction on consecutive...
3(1) Section 210A of the 1995 Act (extended sentences for...
4Criminal Justice (Scotland) Act 2003 (asp 7)
5Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
SCHEDULE 5Repeals
SCHEDULE 6Transitory amendments of the Prisoners and Criminal Proceedings (Scotland) Act 1993
1Until their repeal by this Act, sections 1 and 9...
2In section 1 (release of short-term and long-term prisoners), in...
3In section 9 (persons liable to removal from the United...

Royal arms

Custodial Sentences and Weapons (Scotland) Act 2007

2007 asp 17

An Act of the Scottish Parliament to restate and amend the law relating to the confinement and release of prisoners; to make provision relating to the control of weapons; and for connected purposes.