177.Section 57 also amends the 1993 Act, by inserting subsections (4B), (4C) and (4D) into section 12, to change the considerations that are to apply when the Board and the Scottish Ministers are recommending or, as the case may be, imposing licence conditions on the release of prisoners.
178.Where the Board has or, as the case may be, the Scottish Ministers have information that the prisoner’s being released, re-released or remaining released may have an adverse impact on the safety and security or on the wellbeing of a victim, a member of a victim’s family, or any other identified person or group of persons, then the Board or Ministers must consider whether an exclusion zone condition should be included in the prisoner’s licence. An “exclusion zone condition” is defined as a condition which prohibits the released prisoner from entering a place or area specified in the condition (see new section 12(4D). “Victim” is defined as a person against or in respect of whom an offence has been committed by the prisoner (again, see new section 12(4D)).
Crown Application Part 4 – Release of Prisoners Section 57 – licence conditions: exclusion zones