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Management of Offenders (Scotland) Act 2019

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This is the original version (as it was originally enacted).

7List of the relevant conditions

This section has no associated Explanatory Notes

(1)These are the conditions referred to in section 5(1)—

(a)a curfew condition as provided for in section 12AA(1)(b) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (which relates to release on licence under section 3AA of that Act),

(b)conditions under section 12(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (on release on licence under Part 1 of that Act (where sentencing is on or after 1 October 1993)),

(c)conditions under section 22(6) of the Prisons (Scotland) Act 1989 (on release on licence regarding certain sentences (where sentencing is before 1 October 1993)),

(d)conditions relating to temporary release in accordance with rules made under section 39 of the Prisons (Scotland) Act 1989 (known as prison rules),

(e)conditions relating to release from imprisonment or detention which arise on the basis prescribed in regulations made by the Scottish Ministers.

(2)A general or specific reference to any conditions mentioned in subsection (1) is, in relation to a requirement under section 5(1), to be construed as being to the relevant conditions so far as concerning—

(a)a person’s whereabouts in some way (including being at, or not being at, a particular place), or

(b)a person’s consumption, taking or ingesting of alcohol, drugs or other substances.

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