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Article 145 Unavailability of temporary release

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

(1)

A prisoner shall be disqualified from being considered for temporary release in terms of rules 140 to 144 if he or she is for the time being–

(a)

an appellant;

(b)

subject to proceedings under the Extradition Act 2003;

(c)

in the opinion of a medical officer, suffering from mental disorder; or

(d)

in the opinion of a medical officer, otherwise unfit.

(2)

A life prisoner shall not be granted temporary release under rules 140 to 144 unless the Governor has obtained the prior consent of the Scottish Ministers to–

(a)

the life prisoner’s first grant of temporary release; and

(b)

any further grant of temporary release where the prisoner has been assigned a supervision level other than low supervision level following the consent of the Scottish Ministers having been obtained under sub paragraph (a).