Annex 2: Statutory Exclusions
The Management of Offenders (Scotland) Act, {Section 15(5) (5)} the Prisoners and Criminal proceedings (Scotland) Act 1993 (c.9) has been amended to include Section 3AA which sets out the following exclusions. Prisoners who
1. are required to register as sex offenders;
2. are subject to an extended sentence;
3. are subject to a supervised release order;
4. are subject to a hospital direction;
5. have previously been recalled from licence; and/or
6. are awaiting deportation
will not be eligible for release on HDC under any circumstances.
Prisoners sentenced to less than three months are not eligible for the scheme.
Scottish Prison Service Risk Factors
The following static factors will form part of the risk assessment process. In most cases where the following apply, the risk(s) presented may be considered significant enough to prevent release on HDC. It is important, however, to remember these factors do not in themselves exclude the prisoner form HDC; it is the risk(s) associated with these factors that must be taken into account. SPS may, therefore, face a number of challenges from prisoners refused HDC through the risk assessment process.
1. History of sexual offending
This may be information that is available through ViSOR or from previous convictions. The type of offence and the time lapse between previous and current offences should be taken into account.
2. Schedule 1 offenders
Current and/or previous offences should be taken into account. Again, time lapse and type of offence should be considered.
3. History of domestic violence
If information is available - most likely to be included within social enquiry reports. May be additional information provided by Community Assessment. Particular care should be taken when the victim of domestic violence is residing at the curfew address.
4. failure to engage in Core Screen and Community Integration Plan, including accessing interventions
This will be based on feedback from links centre staff and all relevant service providers on the prisoner's response to treatment and interventions regarding attitude and motivation.
5. History of adverse behaviour while in prison
This will be based on local/personal knowledge of the prisoner. The key here is not to focus on how a prisoner has behaved while in the controlled environment of a prison, rather to assess how demonstrated behaviours could predict the risk of re-offending or causing harm while on HDC licence. Examples of such behaviour may be;
- Drug use while in prison;
- Evidence the prisoner is/has been concerned in the supply of drugs in prison;
- Violent behaviour (threatening or actual) towards other prisoners;
- Violent behaviour (threatening or actual) towards prison staff;
- Evidence of self-harming;
- Regular displays of anger;
- Serious breaches of discipline ( concerted) ; and
- Problems during visits
Other dynamic factors may be taken into account on a case by case basis, based on local knowledge of the prisoner and his/her background.