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Custodial Sentences and Weapons (Scotland) Act 2007

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This is the original version (as it was originally enacted).

The standard conditions

28Release on licence: the standard conditions

(1)Where a prisoner is released on licence by virtue of this Part, the prisoner is released subject to the standard conditions.

(2)The standard conditions are—

(a)that the prisoner must be of good behaviour, and

(b)that, subject to subsection (3), the prisoner is prohibited from leaving the United Kingdom.

(3)Paragraph (b) of subsection (2) does not apply if—

(a)the prisoner falls within subsection (4), or

(b)the Scottish Ministers permit, or a person designated by them for the purposes of this section permits, the prisoner to leave the United Kingdom.

(4)The prisoner falls within this subsection if—

(a)the prisoner is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order,

(b)the prisoner is liable to deportation under section 3(6) of that Act,

(c)the prisoner has been notified of a decision to refuse the prisoner leave to enter the United Kingdom,

(d)the prisoner is an illegal entrant within the meaning of section 33(1) of that Act,

(e)the prisoner is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

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