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The Home Detention Curfew Licence (Prescribed Standard Conditions) (Scotland) Order 2006

S.S.I. 2006/315 · Made 8 June 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CRIMINAL LAW

Made 8th June 2006

Laid before Parliament 8th June 2006

Coming into force 3rd July 2006

The Scottish Ministers, in exercise of the powers conferred by section 12AA(3) and (5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993f1and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1993 c. 9.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Prescribed standard conditions for certain short term prisoners
  4. Signature
  5. Schedule
  6. 1Prescribed standard conditions
  7. 2Prescribed standard conditions
  8. 3Prescribed standard conditions
  9. 4Prescribed standard conditions
  10. Explanatory note

1Citation and commencement

This Order may be cited as the Home Detention Curfew Licence (Prescribed Standard Conditions) (Scotland) Order 2006 and shall come into force on 3rd July 2006.

2Interpretation

In this Order “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993.

3Prescribed standard conditions for certain short term prisoners

For the purposes of section 12AA(3) of the 1993 Act, the conditions specified in the Schedule to this Order are prescribed as standard conditions which must be included in any licence granted in respect of a prisoner specified in section 3AA(1)(a) of the 1993 Actf1.

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th June 2006

1Prescribed standard conditions

The offender must be of good behaviour and keep the peace;

2Prescribed standard conditions

The offender must not commit any offence;

3Prescribed standard conditions

The offender must not tamper with or intentionally damage the electronic monitoring equipment or device(s) used to monitor compliance with curfew conditions complying with section 12AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993, or knowingly allow such equipment or devices to be tampered with or intentionally damaged;

4Prescribed standard conditions

The offender must allow a representative or employee of [name of electronic monitoring service provider] access to the address specified in this licence for the purposes of section 12AB(1)(a) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 to install and check the electronic monitoring equipment or devices(s).

Explanatory note

(This note is not part of the Order)

This Order prescribes standard conditions for the purposes of section 12AA of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) (“the 1993 Act”). The conditions prescribed are to be included in any licence granted under section 3AA(1)(a) of the 1993 Act. Section 3AA(1)(a) allows short term prisoners serving a sentence of three months or more to be released on licence by Scottish Ministers before the date on which the prisoner would have served half of the prisoner’s sentence.