Article 138 Direction with respect to temporary release

Scotland

(1)

For the purposes of temporary release, the Scottish Ministers may specify in a direction—

(a)

the forms of temporary release available to prisoners accommodated in particular prisons, halls or parts of prisons;

(b)

the manner in which the Governor must consider an application for any form of temporary release;

(c)

the manner in which the Governor must assess the risk that the prisoner may abscond or pose a danger to the public;

(d)

the relevant criteria about which the Governor must be satisfied before granting any form of temporary release;

F1(e)

the conditions or types of conditions which may be imposed by the Governor on any grant of temporary release;

(f)

the timing and duration of any form of temporary release and the frequency with which it may be granted to an eligible prisoner; and

(g)

the persons who are to be treated as a near relative of the prisoner.

(2)

Directions under this rule may make different provision for different forms of temporary release.

Annotations

F1: Rule 138(1)(e) substituted (19.3.2012) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2012 (S.S.I. 2012/26), rules 1, 2(15)