To ask the Scottish Executive how many people recalled from supervision or licence to custody were not returned to custody, broken down by local authority in each year between January 1999 and June 2009.
Under the provisions of the Prisoners and Criminal Proceedings (Scotland) Act 1993, determinate sentence prisoners may be released on licence between the half-way point and two-thirds point of sentence on the recommendation of the Parole Board. Such individuals are liable to be recalled to custody up to the expiry of their sentence. Life sentence prisoners who are released on life licence on the direction of the Parole Board are liable to recall to custody for the rest of their lives.
Where an offender''s behaviour gives cause for concern, leading to a revocation of licence conditions, officials of the Criminal Justice Directorate issue the order for the recall to custody to the police in order that they take steps to apprehend and return the offender to custody. The local authority is not involved in the process of returning the individual to custody.
While responsibility rests with the police to enforce the order, Criminal Justice Directorate continually monitors progress in relation to the enforcement of the order and liaises with the police until the individual is returned to custody.
Our records indicate that there are presently 14 offenders in Scotland subject to a recall order who have not yet been returned to custody. The table below shows the number recalled in each year.
Recalled Offenders not yet Returned to Custody by Year of Recall
| 1999 | 1 |
| 2003 | 2 |
| 2004 | 2 |
| 2005 | 2 |
| 2006 | 1 |
| 2008 | 1 |
| 2009 | 5 |
Source: Scottish Government Criminal Justice Directorate.
Information on recalls to custody for offenders subject to a Supervised Release Order is not held centrally.
The following is the original answer (published on 5 August 2009); see below.
Under the provisions of the Prisoners and Criminal Proceedings (Scotland) Act 1993, determinate sentence prisoners may be released on licence between the half-way point and two-thirds point of sentence on the recommendation of the parole board. Such individuals are liable to be recalled to custody up to the expiry of their sentence. Life sentence prisoners who are released on life licence on the direction of the parole board are liable to recall to custody for the rest of their lives.
Where an offender''s behaviour gives cause for concern, leading to a revocation of licence conditions, officials of the Criminal Justice Directorate issue the order for the recall to custody to the police in order that they take steps to apprehend and return the offender to custody. The local authority is not involved in the process of returning the individual to custody.
While responsibility rests with the police to enforce the order, Criminal Justice Directorate continually monitors progress in relation to the enforcement of the order and liaises with the police until the individual is returned to custody.
Our records indicate that there are presently 13 offenders in Scotland subject to a recall order who have not yet been returned to custody. The table below shows the number recalled in each year.
Recalled Offenders Not Yet Returned to Custody by Year of Recall
| 1999 | 1 |
| 2003 | 2 |
| 2004 | 2 |
| 2005 | 2 |
| 2006 | 1 |
| 2008 | 1 |
| 2009 | 4 |
Source: Scottish Government Criminal Justice Directorate.
Information on recalls to custody for offenders subject to a supervised release order is not held centrally.