Status of person immediately before release Provision of this Act by 11 1 virtue of which the person is deemed to have been released A short-term prisoner section 1(1) 15 15 A long-term prisoner section 1(3) 16 A person serving a term of imprisonment or section 1(1), construed as 17 18 detention imposed on a basis mentioned in section required by section 5(2) 5(1)(a) or (b) (fine defaulters and persons in 20 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 23 24 detention imposed on a basis mentioned in section required by section 5(2) 25 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 30 Procedure (Scotland) Act 1995 (detention of children convicted on indictment), or (ii) in pursuance of an order under section 7(3) (children detained in solemn proceedings) 35 (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).”. (3) In section 12 (conditions in licence), after subsection (3) insert— 40 “(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).”. 13 Bail and Release from Custody (Scotland) Bill Part 2—release from custody (4) After that section insert— “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 5 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.”. 9 Duty to engage in release planning 10 (1) The Community Justice (Scotland) Act 2016 (“the 2016 Act”) is amended as follows. 1 After section 34 (innovation, learning and development activity) insert— (2) “Engagement in release planning 34A Duty to engage in release planning (1) Each person falling within subsection (2) must, so far as reasonably practicable, 15 comply with a request by the Scottish Ministers to engage in the development, management and delivery of a release plan. (2) The persons are— (a) a local authority, (b) a health board, 20 (c) the chief constable of the Police Service of Scotland, (d) Skills Development Scotland, (e) an integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014. (3) Engagement under subsection (1) must take place within the timescale specified 25 in the request. (4) In complying with subsection (1), a person— (a) must have regard to the role which third sector bodies are able to play in the development, management and delivery of the release plan, (b) may commission services from, or co-ordinate...