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This version of this provision is prospective.
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Custodial Sentences and Weapons (Scotland) Act 2007, Section 37 is up to date with all changes known to be in force on or before 03 October 2024. 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.
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Prospective
(1)If—
(a)a prisoner is released on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a),
(b)the prisoner is not detained as mentioned in section 36(1)(b), and
(c)subsections (2) and (3) apply,
the Scottish Ministers must revoke the licence and recall the prisoner to prison.
(2)This subsection applies if—
(a)the prisoner breaches a licence condition, or
(b)the Scottish Ministers consider that the prisoner is likely to breach a licence condition.
(3)This subsection applies if the Scottish Ministers consider that it is in the public interest to revoke the licence and recall the prisoner to prison.
(4)If—
(a)a prisoner is released on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a),
(b)the prisoner is detained as mentioned in section 36(1)(b), and
(c)subsections (2) and (5) apply,
the Scottish Ministers must revoke the licence.
(5)This subsection applies if the Scottish Ministers consider that it is in the public interest to revoke the licence.
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
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