Search Legislation

Advanced Search

Custodial Sentences and Weapons (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

47Curfew licences

This section has no associated Explanatory Notes

(1)Subsection (2) applies in relation to a custody and community prisoner who—

(a)is serving a sentence of imprisonment for a term of 3 months or more, and

(b)is of a description specified by the Scottish Ministers by order.

(2)The Scottish Ministers may release the prisoner on licence (a “curfew licence”) before the expiry of the custody part of the prisoner’s sentence.

(3)A curfew licence must include a curfew condition.

(4)The Scottish Ministers may release a prisoner on curfew licence only—

(a)after the later of—

(i)the day on which the prisoner has served the greater of one-quarter or four weeks of the prisoner’s sentence, or

(ii)the day falling 135 days before the expiry of the custody part of the sentence, and

(b)before the day falling 14 days before the expiry of the custody part.

(5)In determining whether to release a prisoner on curfew licence, the Scottish Ministers must have regard to the need to—

(a)protect the public at large,

(b)prevent re-offending by the prisoner, and

(c)secure the successful re-integration of the prisoner into the community.

(6)The Scottish Ministers may include in a curfew licence such other conditions as they consider appropriate.

(7)Where a prisoner is released on curfew licence, the prisoner must, while the licence is in force, comply with the conditions included in the licence.

(8)A curfew licence remains in force until the expiry of the custody part of the prisoner’s sentence.

(9)An order under subsection (1)(b) may include provision—

(a)applying provisions of this Part to curfew licences subject to modifications specified in the order,

(b)amending the periods of time mentioned in subsection (4).

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