OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

(1)

In these Rules, except where the context otherwise requires–

  • “the Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993;

  • “the Board” means the Parole Board for Scotland and includes, in relation to any case which is authorised by rule 14(2), 15(3) or 18(1) to be dealt with, in whole or in part, by a specified number of members of the Board, those members and any tribunal formed by those members under rule 18;

  • “case” shall be construed in accordance with paragraph (2) of this Rule and, in any Part of these Rules, means a case to which that Part applies;

  • “the chairman of the Board” means the chairman of the Board appointed under paragraph 1 of Schedule 2 to the Act but does not include the chairman of a tribunal;

  • “the chairman of a tribunal” means the chairman of a tribunal appointed under Rule 18(2);

  • “damaging information” shall be construed in accordance with Rule 6(1);

  • “Part IV case” means a case to which Part IV of these Rules applies by virtue of Rule 17;

  • “parties”, in relation to a Part IV case, means the Secretary of State and the prisoner;

  • “person concerned”, in relation to a case, means the person to whom the case relates;

  • “prisoner”, in relation to a Part IV case, means–

    1. (a)

      a discretionary life prisoner within the meaning of section 2 of the Act; and

    2. (b)

      a prisoner who is treated as such a discretionary life prisoner under or by virtue of section 10(1) or (3) or (5) of, or paragraph 6 of Schedule 6 to, the Act; and

  • “tribunal” means a tribunal formed under Rule 18.

(2)

Any reference in these Rules to a case or to the case of a person which is to be, or is being, dealt with by the Board means any case relating to a person in which the Board is to consider, or is considering any of the following matters, namely:–

(a)

whether to recommend the release on licence of that person under or by virtue of section 1(3) or (4) or 6(2) or 7(2) of the Act;

(b)

whether to direct the release on licence of that person under or by virtue of section 2(4) of the Act;

(c)

what advice to give to the Secretary of State when consulted by him under or by virtue of section 3(2) of the Act about the release of that person on licence on compassionate grounds;

(d)

what recommendations to be made under or by virtue of section 12(3)(a) of the Act as to the conditions to be inserted in the licence of a discretionary life prisoner;

(e)

what advice to give to the Secretary of State when consulted by him under or by virtue of section 12(3) of the Act about a proposal to insert, vary or cancel a condition in the licence granted to that person (but this shall not include any case where the Secretary of State is treated, by virtue of section 12(4) of the Act, as having consulted the Board about such a proposal);

(f)

whether to recommend the revocation of that person’s licence and his recall to prison under section 17(1) of the Act; and

(g)

whether to make a direction as to that person’s immediate release on licence under section 17(4) of the Act.

(3)

Any reference in these Rules to a numbered rule or to a numbered Schedule means, unless the context otherwise requires, a reference to the Rule or the Schedule bearing that number in these Rules and any reference in a Rule to a numbered paragraph means, unless the context otherwise requires, a reference to the paragraph bearing that number in that Rule.