- Latest available (Revised)
- Original (As enacted)
Prisoners and Criminal Proceedings (Scotland) Act 1993, Section 12A is up to date with all changes known to be in force on or before 21 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Where a prisoner, who has been released on licence under this Part of this Act as respects a sentence of imprisonment—
(a)continues, by virtue of any enactment or rule of law, to be detained in prison notwithstanding such release; or
(b)is, by virtue of any enactment or rule of law, detained in prison subsequent to the date of such release but while the licence remains in force,
the conditions in the licence, other than those mentioned in subsection (3) below, shall by virtue of such detention be suspended.
(2)The suspension of the conditions shall have effect for so long as—
(a)the prisoner is so detained; and
(b)the licence remains in force.
(3)The conditions are any conditions, however expressed, requiring the prisoner—
(a)to be of good behaviour and to keep the peace; or
(b)not to contact a named person or class of persons (or not to do so unless with the approval of the person specified in the licence by virtue of section 12(2)(a) of this Act).
(4)The Scottish Ministers may by order amend subsection (3) above by—
(a)adding to the conditions mentioned in that subsection such other condition as they consider appropriate; or
(b)cancelling or varying a condition for the time being mentioned in that subsection.]
Textual Amendments
F1Ss. 12A, 12B inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 35(3), 89(2); S.S.I. 2003/288, art. 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: