# Custodial Sentences and Weapons (Scotland) Act 2007, Section 42: Consideration by Parole Board

Status: prospective

(1) This section applies where a prisoner's case is referred to the Parole Board by virtue of section 41(2)(b), 43(9) or 44(5).
(2) The Parole Board must determine whether subsection (3) applies in respect of the prisoner.
(3) This subsection applies if it is in the public interest that the prisoner be confined.
(4) If the Parole Board determines that subsection (3) does not apply it must—
(a) direct the Scottish Ministers to release the prisoner on licence, and
(b) specify conditions to be included in the licence.
(5) Where a direction is given under subsection (4)(a) the Scottish Ministers must release the prisoner on community licence or, as the case may be, life licence.

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Source: https://www.legislation.gov.uk/asp/2007/17/section/42 (the official version)
Page: https://openlegislation.uk/custodial-sentences-and-weapons-scotland-act-2007/section-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.