OpenLegislation

Section 17A Recall of prisoners released under section 3AAF1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(F21)

Where a prisoner has been released on licence under section 3AA, the Scottish Ministers may revoke the licence and recall the person to prison if in their opinion the revocation and recall are expedient in the public interest.

(2)

A person whose licence is revoked under subsection (1) above—

(a)

must, on his return to prison, be informed of the reasons for the revocation and of his right under paragraph (b) below; and

(b)

may make representations in writing with respect to the revocation to the Scottish Ministers.

(F32A)

Such representations must be made by a person—

(a)

within 6 months from when the person is informed as mentioned in subsection (2)(a), or

(b)

later as allowed by the Parole Board on cause shown by the person.

(3)

The Scottish Ministers are to refer to the Parole Board the case of any person who makes such representations.

(4)

After considering the case the Parole Board may direct, or decline to direct, the Scottish Ministers to cancel the revocation.

F4(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F55A)

Despite the cancellation of the revocation of a person's licence by virtue of subsection (4), the person's recall to prison remains effective.

(5B)

Where a person's recall to prison remains effective under subsection (5A), the Scottish Ministers must consider whether the person should again be released under section 3AA.

(6)

On the revocation under this section of a person's licence, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

Annotations

Textual amendments

F1

S. 17A inserted (3.7.2006 for specified purposes, otherwise 21.3.2008) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(13), 24(2); S.S.I. 2006/331, art 3(4)(5); S.S.I. 2008/21, art. 2(2)

F2

S. 17A(1) substituted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 50(2), 63(2); S.S.I. 2019/309, reg. 2 (with reg. 3)

F3

S. 17A(2A) inserted (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 50(3), 63(2); S.S.I. 2020/283, reg. 2(m) (with reg. 4)

F4

S. 17A(5) repealed (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 50(4)(a), 63(2); S.S.I. 2019/309, reg. 2

F5

S. 17A(5A)(5B) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 50(4)(b), 63(2); S.S.I. 2019/309, reg. 2

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))