Part 4Release of prisoners

57Licence conditions: exclusion zones

(1)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

(2)

In section 12 (conditions in licences), after subsection (4A) insert—

“(4B)

If subsection (4C) applies, the—

(a)

Parole Board, when making recommendations as to licence conditions under this Part, and

(b)

Scottish Ministers, when making a decision as to licence conditions under this Part,

must consider whether an exclusion zone condition should be included in a prisoner’s licence.

(4C)

This subsection applies where the Board has or, as the case may be, the Scottish Ministers have information that the prisoner’s being released or re-released, or remaining released, may have an adverse impact on the safety and security or on the wellbeing of—

(a)

a victim,

(b)

a member of a victim’s family, or

(c)

any other identified person or group of persons.

(4D)

In subsections (4B) and (4C)—

exclusion zone condition” is a condition which prohibits the released person from entering a place or area specified in the condition,

victim” means a person against or in respect of whom an offence has been committed by the prisoner.”.