Functions regarding prisoners 10 42 Representations by certain recalled prisoners (1) The 1993 Act is amended as follows. (1A) In section 17A, for subsection (1) there is substituted— “(1) Where a prisoner has been released on licence under section 3AA, the Scottish Ministers may revoke the licence and recall the person to prison if in their 15 opinion the revocation and recall are expedient in the public interest.”. (2) In section 17A, after subsection (2) there is inserted— “(2A) Such representations must be made by a person— (a) within 6 months from when the person is informed as mentioned in subsection (2)(a), or 20 (b) later as allowed by the Parole Board on cause shown by the person.”. (3) In section 17A— (a) subsection (5) is repealed, (b) after subsection (5) there is inserted— “(5A) Despite the cancellation of the revocation of a person’s licence by virtue of 25 subsection (4), the person’s recall to prison remains effective. (5B) Where a person’s recall to prison remains effective under subsection (5A), the Scottish Ministers must consider whether the person should again be released under section 3AA.”. 30 40 Frequency of review of particular decisions (1) The 1993 Act is amended as follows. (2) In section 3A, after subsection (3) there is inserted— “(3A) The Parole Board must give a prisoner to whom this section applies written notification of the process for having the prisoner’s case referred to it under 35 subsection (2) (including as subject to subsections (2A) to (3)).”. 32 Management of Offenders (Scotland) Bill Part 3—The Parole Board Chapter 1—Rules as to prisoners (3) After section 3A there is inserted— “3B Review of decisions as to determinate sentences (1) This section applies to— (a) a prisoner serving a determinate sentence (apart from an extended 5 sentence), and (b) a prisoner serving an extended sentence (except such a sentence in relation to which a licence has been revoked under section 17(1) to (1B)). (2) A prisoner to whom this section applies is entitled to have a relevant decision 10 in relation to the sentence reviewed by the Parole Board within 12 months from the date of the relevant decision. (3) Here, a relevant decision is a decision of the Parole Board not to recommend the release of the prisoner on licence although the prisoner is otherwise eligible for release on licence. 15 (4) A prisoner— (a) to whom this section applies, and (b) who has been recalled to prison in respect of the sentence in accordance with the specified provisions (except where the recall relates to an extended sentence), 20 is entitled to have the prisoner’s case reviewed by the Parole Board within 12 months from the date of the prisoner’s return to prison. (5) Here, the specified provisions are those in section 17(1) to (1B). (6) It is for the Parole Board to fix a date considered by it as appropriate for a review by virtue of subsection (2) or (4). 25 (7) Neither subsection (2) nor (4) gives rise to an entitlement to a review if— (a) the prisoner has less of the sentence to serve than the 12 months mentioned in the particular subsection, or (b) the prisoner has received another sentence of imprisonment, and the prisoner is not eligible for release from the other sentence until after the 30 end of the 12 months mentioned in the particular subsection. (8) The Parole Board must— (a) in connection with subsection (2), give the prisoner reasons in writing for the relevant decision, and (b) in connection with subsection (2) or (4), inform the prisoner in writing of 35 the entitlement to a review (including as subject to subsections (6) and (7)).”. 40A Parole Board decisions: consideration of impact on prisoner’s family (1) The 1993 Act is amended as follows. (2) After section 1 there is inserted— 40 “1ZAA Parole Board decisions: consideration of impact on prisoner’s family Management of Offenders (Scotland) Bill 33 Part 3—The Parole Board Chapter 1—Rules as to prisoners (1) Before making a recommendation under section 1, including any recommendation as to conditions to be included on release, the Parole Board must assess and take into account the likely impact of its decision— (a) on the prisoner’s family, 5 (b) on the ability of the prisoner to reintegrate with the prisoner’s family.”. 41 Re-release after revocation of licences generally (1) The 1993 Act is amended as follows. (1A) In subsection (3)(b) of section 10A, the word “immediately” is repealed. (2) In section 17— 10 (a) in subsection (2), for the words “revocation of a person’s licence” there is substituted “return to prison of a person whose licence is revoked”, (b) in subsection (4)— (i) the word “immediate” is repealed, (ii) for the words from “the Secretary of State” to the end there is substituted 15 “the Scottish Ministers must give effect to the direction without undue delay”. 43 Long-term prisoners due for removal from the UK (1) The 1993 Act is amended as follows. (2) In subsection (3) of section 1, for the words from “his” to the end there is substituted 20 “the prisoner’s sentence, the Scottish Ministers must release the prisoner on licence if recommended to do so by the Parole Board”. (3) Subsection (1) of section 9 is repealed. 43A Temporary release on licence under prison rules (1) The Prisons (Scotland) Act 1989 is amended as follows. 25 (2) In subsection (6) of section 39, after the word “release” there is inserted “on licence”.