ANNEX A
Release of short term and long term offenders
1. The Prisoners and Criminal Proceedings (Scotland) Act 1993, as amended, sets out the general arrangements for the release of short and long-term offenders.
2. Once short-term offenders have served one-half of their sentence, the Scottish Ministers are under a duty to release them unconditionally (i.e. not on licence); but such offenders can be the subject of a supervised release order imposed at the date of the original sentence, provided that they are not a sex offender (see paragraph 5 below) whose offence was committed after 30 September 1998. On release a short-term offender is not under any form of compulsory supervision but is "at risk" of being returned to custody by the courts under section 16 of the 1993 Act if he or she commits another imprisonable offence before the expiry of the original sentence. The Management of Offenders (Scotland) Act 2005 introduced new provisions for sex offenders sentenced to a period of imprisonment of between 6 months and 4 years. These offenders will be released on licence, rather than be released unconditionally, at the half-way stage of their sentence.
3. Once long-term offenders have served one-half of their sentence they may be released on licence. The decision rests with the Parole Board. Where the Parole Board recommends release the Scottish Ministers are under a duty to release the offender. The Parole Board decides the licence conditions. The licence, unless previously revoked, expires at the sentence end date (ie the date on which the full sentence imposed by the court expires). Once long-term offenders have served two-thirds of their sentence the Scottish Ministers are under a duty to release them on licence. Again, the Parole Board decides the licence conditions. The licence, unless previously revoked, expires at the sentence end date. A long-term offender (in the same way as a short-term offender) may be returned to custody by the courts under section 16 of the 1993 Act if he or she commits another imprisonable offence before the sentence end date.
4. The Management of Offenders etc. (Scotland) Act 2005 amended the 1993 Act to allow certain short and long-term offenders sentenced to 3 months or more to be released on home detention curfew ( HDC). This is a form of conditional release and is scheduled to be implemented in July 2006.
5. An extended sentence may be imposed on certain offenders convicted of a sexual or a violent offence. All offenders subject to an extended sentence are released on licence. Where the "custodial term" is less than 4 years the offender is released automatically at the half-way stage of the custodial term. The licence, unless previously revoked, does not expire until the end of the full extended sentence imposed by the court (i.e. the custody part and the extension period). Where the "custodial term" is 4 years or more the offender may be released after serving half of this term if the Parole Board recommends (in effect, directs) early release. If the Board does not recommend release the offender will be released after serving two-thirds of the "custodial term". In either case the licence, unless previously revoked, does not expire until the end of the full extended sentence imposed by the court (i.e. the custody part and the extension period).
6. Where an offender released on licence breaches a condition or conditions of that licence, he or she is liable to be recalled to custody. Having been informed of a possible breach of licence, either by local authority social workers or the police, Scottish Ministers can:
- issue a warning letter to the offender (for 'minor' breaches);
- refer the matter to the Parole Board for it to take a decision on whether or not the offender should be recalled to custody; or
- if the nature of the breach suggests significant risk, recall the offender to custody without referring the matter to the Parole Board in the first instance.
7. Where an offender's licence is revoked their case, unless they receive another custodial sentence, will be referred to the Parole Board to consider whether or not he or she should be re-released. (If the Parole Board was involved in recommending that the licence be revoked then different members of the Parole Board will consider this reference.) If the Parole Board is satisfied that the offender does not require to continue to be detained it will direct immediate re-release. The Scottish Ministers are under a duty to release the offender, on licence, as soon as is reasonably practicable. Where the Parole Board does not direct immediate re-release the offender is liable to be detained until the end of the sentence imposed by the court (plus any period during which the offender was unlawfully at large) but may subsequently be further reviewed by the Parole Board for release on licence, normally on an annual basis, depending upon how much of the original sentence remains to be served.