Search Legislation

Management of Offenders (Scotland) Act 2019

Section 57 – Operating protocol for release on licence under section 3AA of the 1993 Act

193.Section 57 inserts a new section into the 1993 Act which places an obligation on Scottish Ministers to produce a document describing the processes and procedures which underpin release on licence under section 3AA.

194.Subsection (1) sets out that such description should cover: the process of risk assessment prior to release, the factors taken account of in such risk assessment, the procedures for monitoring a prisoner while released, the process for investigating a suspected failure to comply with a licence condition and the process under which a licence is revoked and a prisoner is recalled.

195.Subsection (2) places a requirement on Scottish Ministers that the document produced under subsection (1) is kept under review and is revised to reflect changes in the things it describes.

196.Subsection (3) places a requirement on Scottish Ministers that: the Scottish Courts and Tribunal Service, the Parole Board, the chief constable of the Police Service of Scotland, local authorities and the Risk Management Authority, are consulted in the preparation of the first version or a revised version of the document.

197.Subsection (4) places a requirement on Scottish Ministers to make the document publically available and must lay a copy of it before the Scottish Parliament.

198.Subsection (5) places a requirement on Scottish Ministers to lay the first version of the document before the Scottish Parliament within 6 months of Royal Assent.

Back to top


Print Options


Explanatory Notes

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.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources