Section 21A Operating protocol for release on licence under section 3AAF1

Scotland

(1)

The Scottish Ministers must prepare a document that describes—

(a)

the process of risk assessment that is carried out before a prisoner is released on licence under section 3AA,

(b)

the factors taken into account in carrying out such risk assessments,

(c)

the procedures for monitoring a prisoner while released on licence under section 3AA,

(d)

the process for investigating a suspected failure to comply with a condition included in a licence under section 3AA,

(e)

the process by which a licence under section 3AA is revoked and a prisoner recalled to prison as a result.

(2)

The Scottish Ministers must—

(a)

keep the document under review, and

(b)

revise it to reflect any changes in the things it describes.

(3)

When preparing the first version of the document, or a revised version, the Scottish Ministers must consult—

(a)

the Scottish Courts and Tribunals Service,

(b)

the Parole Board,

(c)

the chief constable of the Police Service of Scotland,

(d)

local authorities,

(e)

the Risk Management Authority.

(4)

Having prepared the first version of the document, or a revised version, the Scottish Ministers must—

(a)

make it publicly available, and

(b)

lay a copy of it before the Scottish Parliament.

(5)

A copy of the first version of the document must be laid before the Scottish Parliament within 6 months of the Bill for the Management of Offenders (Scotland) Act 2019 receiving Royal Assent.

Annotations

Textual amendments

F1: S. 21A inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 57(2), 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))