The Act: Section by Section Part 2: Release from custody Section 10 – Review of recommendations and directions by Parole Board
54.Section 10 amends the 1993 Act to make provision for the review, by the Parole Board, of its decisions to recommend or to direct the release on licence of a prisoner under Part 1 of that Act. A review can take place in three circumstances.
55.The first circumstance is where a long-term prisoner, who has been released on licence under section 3AB(3),(8) has been recalled to prison and the licence under section 3AB(3) has been revoked. Release on licence under section 3AB(3) will occur where the Parole Board has recommended a prisoner be released on parole at a future date and where the Board directs the Scottish Ministers to release the prisoner in advance of that date.
56.Section 10(2) amends section 17 of the 1993 Act (which deals with prisoners whose licences have been revoked and who have been recalled to prison) so that the Parole Board can, if it wishes, take the opportunity to review its earlier decision to recommend that the prisoner be released on parole. That review can take place whether or not the Board is also considering the prisoner’s case by virtue of a referral to the Board under section 17(3) of the 1993 Act.
57.The second circumstance is where a long-term prisoner, who has been released on licence under section 3AB(1),(9) and who subsequently has been recommended by the Parole Board for release on parole at a future date, has, before that date, been recalled to prison and the licence under section 3AB(1) has been revoked. Release on licence under section 3AB(1) will occur where the Scottish Ministers exercise their discretion to release a prisoner on licence in a case where the Parole Board has not yet recommended that the prisoner be released on parole.
58.Section 10(3) amends section 17A of the 1993 Act (which deals with prisoners whose licences under section 3AA(10) or 3AB(1) have been revoked and who have been recalled to prison) so that the Parole Board can, if it wishes, take the opportunity to review its earlier decision to recommend that the prisoner be released on parole. That review can take place whether or not the Board is also considering the prisoner’s case by virtue of a referral to the Board under section 17A(3) of the 1993 Act.
59.Finally, section 10(4) inserts new section 17B into the 1993 Act for the third circumstance. That section provides that where the Parole Board has recommended or directed that a prisoner be released on licence under any provision of Part 1 of the Act, but the prisoner has not yet been released on licence, the Board may review its decision if new information which the Board considers has a significant bearing on the suitability of the prisoner for release on licence comes to the attention of the Board.