Article 122 Pre-parole/pre-life licence leave

(1)

In this rule, “pre-parole/pre-life licence leave” means temporary release of an eligible prisoner for the purposes of enabling him to visit his home or other approved place for a period not exceeding 3 days prior to the date fixed for his release on licence.

(2)

On the application of an eligible prisoner and subject to rule 126, the Governor may grant the prisoner pre-parole/pre-life licence leave if he is of the opinion that–

(a)

the period of leave will materially assist preparations for the prisoner’s release; and

(b)

having regard to the relevant criteria applicable to the granting of such leave, it is appropriate to do so.

(3)

For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of his application–

(a)

he is not disqualified from consideration for any reason specified in rule 124;

(b)

he is assigned security category D;

(c)

he has not previously been granted long home leave in terms of rule 121; and

(d)

he is–

(i)

an “existing life prisoner” within the meaning of paragraph 1 of Schedule 6 to the 1993 Act and the Parole Board for Scotland has recommended his release on licence in terms of section 25 or 26^f1 of the Act;

(ii)

an “existing prisoner” or an “existing child detainee” within the meaning of paragraph 1 of Schedule 6 to the 1993 Act who is serving a sentence of imprisonment or detention for a period of 18 months or more and the Parole Board for Scotland has recommended his release on licence in terms of section 22 or 25 of the Act;

(iii)

a life prisoner whose sentence was imposed on or after 1st October 1993 and the Parole Board for Scotland has recommended his release on licence in terms of section 1 of the 1993 Act;

(iv)

a long-term prisoner and the Parole Board for Scotland has recommended his release on licence in terms of section 1, 6 or 7 of the 1993 Act, and the Secretary of State has on the basis of that recommendation decided that the prisoner should be released on licence; or

(v)

a discretionary life prisoner within the meaning of section 2 of the 1993 Act and the Secretary of State has decided to refer the prisoner’s case to the Parole Board for Scotland.

Annotations

Footnotes

f1: Sections 22, 25 and 26 were repealed by the 1993 Act, Schedule 7, but saved for certain purposes by Schedule 6 of that Act.