42ADetermination that section 42(3) applicable: consequences for short-term custody and community prisoners

1

This section applies where the Parole Board determines, under subsection (2) of section 42, that subsection (3) of that section applies to a short-term custody and community prisoner.

2

The Parole Board must give the prisoner reasons in writing for its determination.

3

If on the day of the determination less than 4 months of the prisoner’s sentence remain to be served, the prisoner must be confined until the expiry of the prisoner’s sentence.

4

If on the day of the determination at least 4 months but no more than 2 years of the prisoner’s sentence remain to be served, the Parole Board may, subject to section 26, fix a date falling within the period mentioned in subsection (5) on which it will next consider the prisoner’s case.

5

That period is the period—

a

beginning with the day falling 4 months after the day of the determination, and

b

ending on the expiry of the prisoner’s sentence.

6

If no date is fixed under subsection (4) the prisoner must be confined until the expiry of the prisoner’s sentence.

7

If on the day of the determination at least 2 years of the prisoner’s sentence remain to be served, the Parole Board must, subject to section 26, fix a date falling within the period mentioned in subsection (8) on which it will next consider the prisoner’s case.

8

That period is the period—

a

beginning with the day falling 4 months after the day of the determination, and

b

ending immediately before the second anniversary of the day of the determination.

9

Where a date is fixed under subsection (4) or (7), the Scottish Ministers must refer the case to the Parole Board before that date.