Part 2Confinement and release of prisoners

Chapter 3Community and life licences

Revocation

42Consideration by Parole Board

1

This section applies where a prisoner’s case is referred to the Parole Board by virtue of section 41(2)(b), 43(9) or 44(5).

2

The Parole Board must determine whether subsection (3) applies in respect of the prisoner.

3

This subsection applies if it is in the public interest that the prisoner be confined.

4

If the Parole Board determines that subsection (3) does not apply it must—

a

direct the Scottish Ministers to release the prisoner on licence, and

b

specify conditions to be included in the licence.

5

Where a direction is given under subsection (4)(a) the Scottish Ministers must release the prisoner on community licence or, as the case may be, life licence.