Explanatory Notes

Custodial Sentences and Weapons (Scotland) Act 2007

2007 asp 17

19 April 2007

Commentary on Parts

Part 2 - Confinement and Release of Prisoners

CHAPTER 3 .Community and Life Licences
Revocation
Section 38 - Compassionate release: additional ground for revocation of licence

80.Subsection (1) provides that this section applies if a prisoner has been given compassionate release on licence and Scottish Ministers are satisfied that those grounds for granting such release are no longer justified e.g. a reversal of the medical condition. Subsection (2) requires Scottish Ministers to revoke the licence and subsection (3) requires that if the offender is not already detained, that he or she is recalled to prison.