175.Section 55 amends section 20 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”). Subsection (4)(c) of that section allows the Scottish Ministers to make rules setting out what matters the Parole Board for Scotland (“the Board”) may take into account in dealing with a case. Section 55 amends this to provide that rules may set out matters which the Board must take into account. It also inserts a new subsection (4AA) into section 20 in relation to prisoners who are serving a sentence in relation to murder or culpable homicide, where the victim’s remains have not been recovered, which provides that rules made under subsection (4)(c) must require the Board to take into account whether there are reasonable grounds to believe that the prisoner has information about the location or disposal of the victim’s remains and which the prisoner has not disclosed.
Crown Application Part 4 – Release of Prisoners Section 55 – Parole Board rules: decisions where prisoner has information about victim’s remains