The Structure and a Summary of the Act Part 4 – Prisoners: Control of Release, Being Unlawfully at Large Etc. Section 53 – Re-release after revocation of licences generally
187.Section 53(3)(a) amends section 17(2) of the 1993 Act so as to provide that the Scottish Ministers must provide reasons for the revocation of a person’s licence to that person on their return to prison rather than when the licence is revoked.
188.Section 53(3)(b) also amends section 17(4) of the 1993 Act in relation to the revocation of a prisoner’s licence under section 17 of that Act. Section 53 removes the word “immediate” in relation to a direction to release a prisoner on licence by the Parole Board under that section, following the consideration of the prisoner’s case. Section 17(4) is further amended to provide that the Scottish Ministers should give effect to any direction to release a prisoner on licence “without undue delay”.
189.As a consequence of removing the word ‘immediate’ from section 17(4), subsection (2) removes the word ‘immediately’ from subsection (3)(b) of section 10A of the 1993 Act.