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20 September 2022
Bail and Release from Custody Bill Part 2 Release as introduced Keeling schedule as at 6 Septembe
Status of person immediately before release Provision of this Act by virtue of which the person is deemed to have been released A short-term prisoner section 1(1) A long-term prisoner section 1(3) A person serving a term of imprisonment or section 1(1), construed as required detention imposed on a basis mentioned in section by section 5(2) 5(1)(a) or (b) (fine defaulters and persons in contempt of court) and who is, for any purpose, to be treated as a short-term prisoner by virtue of that section A person serving a term of imprisonment or section 1(3), construed as required detention imposed on a basis mentioned in section by section 5(2) 5(1)(a) or (b) and who is, for any purpose, to be treated as a long-term prisoner by virtue of that section (a) A person detained— section 7(2) (i) under section 208 of the Criminal Procedure (Scotland) Act 1995 (detention of children convicted on 10 indictment), or (ii) in pursuance of an order under section 7(3) (children detained in solemn proceedings) (2) In this section, “short-term prisoner” and “long-term prisoner” include a person treated, for any purpose, as a short-term prisoner or (as the case may be) a long term prisoner by virtue of section 6(1)(a) or 16(5)(a). ... 5 Fine defaulters and persons in contempt of court (1) Subject to sections 1(8) and 2(7B) of this Act and to subsections (2) to (4) below, this Part of this Act (except sections 3AA, 1(3), 16 and 27(5)) applies to a person on whom imprisonment, or as the case may be detention in a young offenders institution, has been imposed— (a) under section 219 of the 1995 Act (imprisonment for non-payment of fine or, by virtue of that section, under section 207 of that Act (detention of young offenders); or (b) for contempt of court, as it applies to a person sentenced to imprisonment, or on whom detention has been imposed, on conviction of an offence; and references in this Part of this Act to prisoners (whether short-term or long-term), or to prison, imprisonment, detention or sentences of imprisonment shall be construed accordingly. (2) Subject to section 1B, where section 1(1) or (2) of this Act applies to a person by virtue of subsection (1) above, that section shall be construed as requiring the Secretary of State to release the person unconditionally as soon as, in the case of— (a) a short-term prisoner, he has served one-half of his term of imprisonment; or (b) a long-term prisoner, he has served two-thirds of his term of imprisonment, and if during the term in question the prisoner is released on licence under section 3 of this Act and, subsequently, the licence is revoked under section 17(1), (1A) or (1B) thereof, the period during which he is thereby lawfully at large shall be taken, for the purposes of paragraph (a) or (b) above, to be a period of imprisonment served. (2A) [repealed] (3) Notwithstanding subsection (1) above, section 11 of this Act shall not apply to a person to whom this Part of this Act applies by virtue of that subsection but whose release on licence is under section 3 of this Act; and that licence shall (unless revoked) remain in force only until the date on which, by virtue of subsection (2) above, his release would have been required had he not been released earlier. (4) Where a person has had imposed on him two or more terms of imprisonment or detention mentioned in subsection (1)(a) or (b) above, sections 1A, 1B and 27(5) of this Act shall apply to those terms as if they were terms of imprisonment. ... 11 11 Duration of licence (1) Where a long-term prisoner is released on licence under this Part of this Act, the licence shall (unless revoked) remain in force until the entire period specified in his sentence (reckoned from the commencement of the sentence) has elapsed. (2) Where a life prisoner is so released, the licence shall (unless revoked) remain in force until his death. (3) Without prejudice to any order under section 209 of the 1995 Act, where a short-term prisoner is released on licence— (a) under section 3(1) of this Act, the licence shall (unless revoked) remain in force until— (i) in the case of a person to whom section 1AB applies, the date on which, but for such release, the entire period specified in the prisoner's sentence (reckoned from the commencement of the sentence) has elapsed, and (ii) in any other case, under section 3(1) of this Act, the licence shall (unless revoked) remain in force until the date on which, but for the release under section 3(1), he would have been released under section 1(1) of this Act; (b) [repealed] (3ZA)Where a short-term prisoner is released on licence under section 1AB, the licence (unless revoked) remains in force until the entire period specified in the prisoner's sentence (reckoned from the commencement of the sentence) has elapsed. (3A) Subsections (1) to (3) above do not apply in relation to release on licence under section 3AA or 3AB of this Act. (3B) A licence granted under section 3AA of this Act remains in force (unless it is revoked) until the date on which the released person would, but for his release under that section, fall to be released under section 1 of this Act. (3C) A licence granted under section 3AB remains in force (unless revoked)— (a) in the case of a person released by virtue of section 3AB(1), until whichever comes first— (i) the date on which the release period specified by virtue of section 3AB(6)(b)(i) comes to an end, (ii) where the Parole Board decides not to recommend the person’s release on licence, the date of that decision, (iii) where the Parole Board decides to recommend the person’s release on licence or the person otherwise falls to be released by virtue of section 1, the date on which the person would, but for their release under section 3AB(1), fall to be released on licence under section 1, (b) in the case of a person released by virtue of section 3AB(3), until the date on which the person would, but for their release under section 3AB(3), fall to be released on licence under section 1. (3D) On a licence under section 3AB ceasing to have effect as mentioned in subsection (3C)(a)(i) or (ii), the released person is liable to be detained in pursuance of the person’s sentence and, if at large, is deemed to be unlawfully at large. 12 12 Conditions in licence (1) A person released on licence under this Part of this Act shall, subject to section 12A below, comply with such conditions as may be specified in that licence by the Secretary of State. (2) Without prejudice to the generality of subsection (1) above and to the power of the Secretary of State under subsection (3) below to vary or cancel any condition, a licence granted under this Part of this Act shall include a condition requiring that the person subject to it— (a) shall be under the supervision of a relevant officer of such local authority, of an officer of a local probation board appointed for or assigned to such local justice area or (as the case may be) of an officer of a provider of probation services acting in such local justice area, as may be specified in the licence; and (b) shall comply with such requirements as that officer may specify for the purposes of the supervision. (2A) In its application to a licence granted under section 3AA of this Act, subsection (2) above is to be construed as if, for the words “shall include” there were substituted may include. (3) The Scottish Ministers may under subsection (1) above include on release and from time to time insert, vary or cancel a condition in a licence granted under this Part of this Act; but— (a) in the case of a long-term or life prisoner released by the Scottish Ministers under subsection (1) of section 3 of this Act without consulting the Parole Board, no licence condition shall be inserted, varied or cancelled subsequent to the release except in accordance with the recommendations of the Parole Board; and (b) in the case of any other long-term or life prisoner, no licence condition shall be included on release, or subsequently inserted, varied or cancelled except in accordance with such recommendations. (3A) Subsection (3)(b) does not apply in relation to a standard condition in a licence granted by virtue of regulations under section 3C(3). (4A) Subsection (3)(b) above does not apply in relation to a condition in a licence granted under section 3AB(1) of this Act; but in exercising their powers under this section in relation to a long-term prisoner released on such a licence the Scottish Ministers must have regard to any recommendations which the Parole Board has made by virtue of section 3AB(2) as to conditions to be included on release. 12ZA Conditions for persons released on licence under section 3C(3) (1) Standard conditions specified by the Scottish Ministers in regulations under section 3C(3) remain in force (unless they are cancelled) in relation to a released person until the date on which the released person would, but for release by virtue of the regulations, fall to be released under section 1(3). (2) Standard conditions specified by the Scottish Ministers in regulations under section 3C(3) may include a curfew condition complying with section 12AB. 13 12AA Conditions for persons released on licence under section 3AA or 3AB (1) Without prejudice to the generality of section 12(1)— (a) any licence granted under section 3AA or 3AB(1) must include— (i) the standard conditions, and (ii) a curfew condition complying with section 12AB, (b) any licence granted under section 3AB(3) must include such a curfew condition. (2) Subsection (1) above is without prejudice to any power exercisable under section 12 of this Act. (3) In this section, “the standard conditions” means such conditions as may be prescribed as such for the purposes of this section. (4) In subsection (3) above, “prescribed” means prescribed by order by the Scottish Ministers. (5) Different standard conditions may be so prescribed— (a) for licences granted under section 3AA and for licences granted under section 3AB(1), (b) for different classes of prisoner. (6) Subsection (4) of section 3AA of this Act applies in relation to— (a) the exercise of the power of prescription conferred by subsection (3) above in relation to licences granted under section 3AA; and (b) the specification, variation or cancellation of conditions, other than the standard conditions, in a licence granted under section 3AA of this Act, as it applies in relation to the exercise of the power conferred by subsection (1) of that section. (7) Subsection (4) of section 3AB applies in relation to— (a) the exercise of the power of prescription conferred by subsection (3) above in relation to licences granted under section 3AB(1), and (b) the specification, variation or cancellation of conditions, other than the standard conditions, in a licence granted under section 3AB, as it applies in relation to the exercise of the power conferred by subsection (1) or, as the case may be, (3) of that section. 12AB Curfew condition (1) For the purposes of this Part, a curfew condition is a condition which— (a) requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified; and (b) may require him not to be in a place, or class of place, so specified at a time or during a period so specified. (2) The curfew condition may specify different places, or different periods, for different days but a condition such as is mentioned in paragraph (a) of subsection (1) above may not specify periods which amount to less than nine hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force). 14 (3) Section 245C of the 1995 Act (contractual and other arrangements for, and devices which may be used for the purposes of, remote monitoring) applies in relation to the imposition of, and compliance with, a condition specified by virtue of subsection (1) above as that section applies in relation to the making of, and compliance with, a restriction of liberty order. (4) A curfew condition is to be monitored remotely and the Scottish Ministers must designate in the licence a person who is to be responsible for the remote monitoring and must, as soon as practicable after they do so, send that person a copy of the condition together with such information as they consider requisite to the fulfilment of the responsibility. (5) Subject to subsection (6) below, the designated person's responsibility— (a) commences on that person's receipt of the copy so sent; (b) is suspended during any period in which the curfew condition is suspended; and (c) ends when the licence is revoked or otherwise ceases to be in force. (6) The Scottish Ministers may from time to time designate a person who, in place of the person designated under subsection (4) above (or last designated under this subsection), is to be responsible for the remote monitoring; and on the Scottish Ministers amending the licence in respect of the new designation, that subsection and subsection (5) above apply in relation to the person designated under this subsection as they apply in relation to the person replaced. (7) If a designation under subsection (6) above is made, the Scottish Ministers must, in so far as it is practicable to do so, notify the person replaced accordingly. 12A Suspension of licence conditions (1) Where a prisoner, who has been released on licence under this Part of this Act as respects a sentence of imprisonment— (a) continues, by virtue of any enactment or rule of law, to be detained in prison notwithstanding such release; or (b) is, by virtue of any enactment or rule of law, detained in prison subsequent to the date of such release but while the licence remains in force, the conditions in the licence, other than those mentioned in subsection (3) below, shall by virtue of such detention be suspended. (2) The suspension of the conditions shall have effect for so long as— (a) the prisoner is so detained; and (b) the licence remains in force. (3) The conditions are any conditions, however expressed, requiring the prisoner— (a) to be of good behaviour and to keep the peace; or (b) not to contact...
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