Section 12A Suspension of licence conditionsF1
Scotland
Where a prisoner, who has been released on licence under this Part of this Act as respects a sentence of imprisonment—
continues, by virtue of any enactment or rule of law, to be detained in prison notwithstanding such release; or
is, by virtue of any enactment or rule of law, detained in prison subsequent to the date of such release but while the licence remains in force,
the conditions in the licence, other than those mentioned in subsection (3) below, shall by virtue of such detention be suspended.
The suspension of the conditions shall have effect for so long as—
the prisoner is so detained; and
the licence remains in force.
The conditions are any conditions, however expressed, requiring the prisoner—
to be of good behaviour and to keep the peace; or
not to contact a named person or class of persons (or not to do so unless with the approval of the person specified in the licence by virtue of section 12(2)(a) of this Act).
The Scottish Ministers may by order amend subsection (3) above by—
adding to the conditions mentioned in that subsection such other condition as they consider appropriate; or
cancelling or varying a condition for the time being mentioned in that subsection.
Annotations
Textual amendments
- F1
Ss. 12A, 12B inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 35(3), 89(2); S.S.I. 2003/288, art. 2, Sch.
Notes on Part I
Modifications
- C1
Pt. 1 modified (S.) (20.10.1997) by 1997 c. 48, s. 16(2)(3) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1
- C2
Pt. 1 applied (S.) (8.10.2001) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), ss. 4, 15(2), Sch. paras. 29, 66, 67, 77 (with Sch. para. 65); S.S.I. 2001/274, art. 3(3) (and by that para. 67 as substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(b)(v), 89(2); S.S.I. 2003/288, art. 2, Sch.)
- C3
Pt. 1 applied (S.) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), Sch. para. 7A (as inserted) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(a), 89(2); S.S.I. 2003/288, art. 2, Sch.
- C4
Pt. 1: power to modify conferred (S.) (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 94(3)(4), 104(1); S.S.I. 2007/84, art. 3(2)
- C5
Pt. I: power to modify conferred (S.) (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 3
- C6
Pt. 1 applied by 1984 c. 47, Sch. para. 2(3A) (as inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(4))
- C7
Pt. 1 applied by 1984 c. 47, Sch. para. 2 (as modified (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 4)
- C8
Pt. 1 modified by 2007 asp 17, Sch. 6 (as substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 19, 206(1); S.S.I. 2011/178, art. 2, sch.); (as amended (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(5), 63(2); S.S.I. 2019/309, reg. 2; (30.4.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 58); (16.1.2026) by S.S.I. 2026/4, regs. 1, 2(2)(3); and (24.3.2026) by S.S.I. 2026/137, arts. 1, 2(2))