Search Legislation

Criminal Justice (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

35Suspension of licence conditions under 1993 Act

This section has no associated Explanatory Notes

(1)The 1993 Act is amended as follows.

(2)In section 12 (which requires a person released on licence under Part I of that Act to comply with the conditions specified in the licence), in subsection (1), after the word “shall” there is inserted “, subject to section 12A below,”.

(3)After that section there is inserted—

12ASuspension of licence conditions

(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.

12BCertain licences to be replaced by one

(1)Subsection (2) below applies where a prisoner—

(a)has been released on licence under this Part of this Act or under the 1989 Act as respects any sentence of imprisonment (“the original sentence”); and

(b)while so released, receives another sentence of imprisonment (whether for life or for a term) (“the subsequent sentence”),

and the licence as respects the original sentence has not been revoked.

(2)Where—

(a)this subsection applies; and

(b)the prisoner is to be released on licence under this Part of this Act as respects the subsequent sentence,

he shall instead be released on a single licence under this Part of this Act as respects both the original sentence and the subsequent sentence.

(3)The single licence—

(a)shall have effect in place of—

(i)the licence as respects the original sentence; and

(ii)any licence on which the prisoner would, apart from this section, be released as respects the subsequent sentence;

(b)shall be subject to such conditions as were in the licence as respects the original sentence immediately before that licence was replaced by the single licence; and

(c)shall (unless revoked) remain in force for so long as any licence as respects the original sentence or as respects the subsequent sentence would, apart from this section (and if not revoked), have remained in force..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources