- Latest available (Revised)
- Original (As enacted)
This version of this chapter contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Custodial Sentences and Weapons (Scotland) Act 2007, Chapter 4 is up to date with all changes known to be in force on or before 19 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Prospective
(1)Subsection (2) applies in relation to a custody and community prisoner who—
(a)is serving a sentence of imprisonment for a term of 3 months or more, and
(b)is of a description specified by the Scottish Ministers by order.
(2)The Scottish Ministers may release the prisoner on licence (a “curfew licence”) before the expiry of the custody part of the prisoner's sentence.
(3)A curfew licence must include a curfew condition.
(4)The Scottish Ministers may release a prisoner on curfew licence only—
(a)after the later of—
(i)the day on which the prisoner has served the greater of one-quarter or four weeks of the prisoner's sentence, or
(ii)the day falling 135 days before the expiry of the custody part of the sentence, and
(b)before the day falling 14 days before the expiry of the custody part.
(5)In determining whether to release a prisoner on curfew licence, the Scottish Ministers must have regard to the need to—
(a)protect the public at large,
(b)prevent re-offending by the prisoner, and
(c)secure the successful re-integration of the prisoner into the community.
(6)The Scottish Ministers may include in a curfew licence such other conditions as they consider appropriate.
(7)Where a prisoner is released on curfew licence, the prisoner must, while the licence is in force, comply with the conditions included in the licence.
(8)A curfew licence remains in force until the expiry of the custody part of the prisoner's sentence.
(9)An order under subsection (1)(b) may include provision—
(a)applying provisions of this Part to curfew licences subject to modifications specified in the order,
(b)amending the periods of time mentioned in subsection (4).
Modifications etc. (not altering text)
C1Pt. 2 power to modify conferred (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. 2
(1)A curfew condition is a condition which requires the person to whom it relates to remain at a place specified in the condition for periods so specified.
(2)A curfew condition may—
(a)require the person not to be in a place, or class of place, so specified at a time or during a period so specified,
(b)specify different places, or different periods, for different days.
(3)A curfew condition may not specify periods which amount to less than nine hours in any one day (excluding the first and last days of the period for which the condition is in force).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 49 repealed (17.5.2022) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 1 para. 10(2); S.S.I. 2022/94, reg. 2(2)(l) (with reg. 1(2))
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: