43Determination that section 42(3) applicable: consequences for custody and community prisoners
(1)This section applies where the Parole Board determines, under subsection (2) of section 42, that subsection (3) of that section applies to a custody and community prisoner.
(2)The Parole Board must give the prisoner reasons in writing for its determination.
(3)If on the day of the determination less than 4 months of the prisoner’s sentence remain to be served, the prisoner must be confined until the expiry of the prisoner’s sentence.
(4)If on the day of the determination at least 4 months but no more than 2 years of the prisoner’s sentence remain to be served, the Parole Board may, subject to section 26, fix a date falling within the period mentioned in subsection (5) on which it will next consider the prisoner’s case.
(5)That period is the period—
(a)beginning with the day falling 4 months after the day of the determination, and
(b)ending on the expiry of the prisoner’s sentence.
(6)If no date is fixed under subsection (4) the prisoner must be confined until the expiry of the prisoner’s sentence.
(7)If on the day of the determination at least 2 years of the prisoner’s sentence remain to be served, the Parole Board must, subject to section 26, fix a date falling within the period mentioned in subsection (8) on which it will next consider the prisoner’s case.
(8)That period is the period—
(a)beginning with the day falling 4 months after the day of the determination, and
(b)ending immediately before the second anniversary of the day of the determination.
(9)Where a date is fixed under subsection (4) or (7), the Scottish Ministers must refer the case to the Parole Board before that date.