Part 2

Confinement and release of prisoners
Chapter 4

Curfew licences

Curfew licences
47
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).
Pt. 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