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The Home Detention Curfew Licence (Prescribed Standard Conditions) (Scotland) Order 2008

S.S.I. 2008/36 · Made 11 February 2008 · Extends to Scotland

Not fully up to date. 18 changes made by later legislation have not yet been written into this text, which is revised to 11 February 2008.

See the changes not yet applied
ProvisionChangeMade by
OrderrevokedHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 2
Sch. para. 5coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. para. 6coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. para. 7coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. para. 8coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. para. 9coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
art. 1coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
art. 2coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
art. 3coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. para. 10coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. Pt. 1 para. 1coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. Pt. 1 para. 2coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. Pt. 1 para. 3coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. Pt. 1 para. 4coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. Pt. 2 para. 1coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. Pt. 2 para. 2coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. Pt. 2 para. 3coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)
Sch. Pt. 2 para. 4coming into forceHome Detention Curfew Licence (Prescribed Standard Conditions) 2008 art. 1(1)

CRIMINAL LAW

Made 11th February 2008

Laid before the Scottish Parliament 12th February 2008

Coming into force 21st March 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 12AA(3) and (5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993f1 and all other powers enabling them to do so.

In accordance with section 3AA(4) as applied by section 12AA(6) of that Act they have had regard to considerations of protecting the public at large, preventing re-offending by the prisoner and securing the successful re-integration of the prisoner into the community.

Annotations to the whole text

Footnotes

f1

1993 c. 9. Section 3AA was inserted by section 15(5) of the Management of Offenders etc. (Scotland) Act 2005 (asp 14) and section 12AA was inserted by section 15(10) of that Act. See section 12AA(4) for the definition of “prescribed”.

Contents

  1. 1Citation, commencement and interpretation Not yet in force
  2. 2Prescribed standard conditions Not yet in force
  3. 3Revocation Not yet in force
  4. Signature
  5. Schedule Not yet in force
  6. Part 1 Not yet in force
  7. 1Prescribed standard conditions – prisoners specified in section 3AA(1)(a) of the 1993 Act Not yet in force
  8. 2Prescribed standard conditions – prisoners specified in section 3AA(1)(a) of the 1993 Act Not yet in force
  9. 3Prescribed standard conditions – prisoners specified in section 3AA(1)(a) of the 1993 Act Not yet in force
  10. 4Prescribed standard conditions – prisoners specified in section 3AA(1)(a) of the 1993 Act Not yet in force
  11. Part 2 Not yet in force
  12. 1Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  13. 2Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  14. 3Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  15. 4Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  16. 5Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  17. 6Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  18. 7Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  19. 8Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  20. 9Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  21. 10Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 Act Not yet in force
  22. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Home Detention Curfew Licence (Prescribed Standard Conditions) (Scotland) Order 2008 and comes into force on 21st March 2008.

(2)

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

2Prescribed standard conditionsI1

For the purposes of section 12AA(3) of the 1993 Act–

(a)

the conditions specified in Part 1 of 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 Act; and

(b)

the conditions specified in Part 2 of 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)(b) of the 1993 Act.

3RevocationI1

The Home Detention Curfew Licence (Prescribed Standard Conditions) (Scotland) Order 2006f1 is revoked.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

11th February 2008

1Prescribed standard conditions – prisoners specified in section 3AA(1)(a) of the 1993 ActI1

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

2Prescribed standard conditions – prisoners specified in section 3AA(1)(a) of the 1993 ActI1

The offender must not commit any offence.

3Prescribed standard conditions – prisoners specified in section 3AA(1)(a) of the 1993 ActI1

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 1993f1, or knowingly allow such equipment or device(s) to be tampered with or intentionally damaged.

4Prescribed standard conditions – prisoners specified in section 3AA(1)(a) of the 1993 ActI1

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, check, repair or replace the electronic monitoring equipment or device(s).

1Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

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

2Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

The offender must not commit any offence.

3Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

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 device(s) to be tampered with or intentionally damaged.

4Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

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, check, repair or replace the electronic monitoring equipment or device(s).

5Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

The offender must report forthwith to the officer in charge of the office at [name and address of the relevant local authority].

6Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

The offender must be under the supervision of such officer to be nominated for this purpose from time to time by the Chief Social Work Officer of [name and address of the relevant local authority] (“the supervising officer”).

7Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

The offender must comply with such requirements as the supervising officer may specify for the purposes of the offender’s supervision.

8Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

The offender must keep in touch with the supervising officer in accordance with that officer’s instructions.

9Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

The offender must inform the supervising officer about any change of the offender’s place of residence and provide details to the supervising officer about the offender’s employment (if any).

10Prescribed standard conditions – prisoners specified in section 3AA(1)(b) of the 1993 ActI1

The offender must not travel outside the United Kingdom of Great Britain and Northern Ireland without the prior permission of the supervising officer.

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 (“the 1993 Act”).

Section 3AA(1) of the 1993 Act gives the Scottish Ministers a power to release on licence, commonly known as a home detention curfew licence, certain prisoners before the date on which they would have served half of their sentence. The power applies in respect of (a) short-term prisoners serving a sentence of three months or more; or (b) long term prisoners whose release on having served one-half of their sentence has been recommended by the Parole Board.

By virtue of section 12AA(1)(a) of the 1993 Act, a licence must include the standard conditions. For short-term prisoners these are prescribed in Part 1 of the Schedule to this Order and for long term prisoners these are prescribed in Part 2 of that Schedule.

In relation to all prisoners, as well as the standard conditions, the licence must also, by virtue of section 12AA(1)(b) of the 1993 Act, include a curfew condition complying with section 12AB of that Act.