Section 32C Meaning of remaining unlawfully at largeF1

(1)

Section 32A(1) is to be construed as provided for in (as applicable)—

(a)

subsection (2), or

(b)

subsection (3) (as read with subsections (4) to (7)).

(2)

In a case of a person to whom section 32A(1)(c) relates, the person remains unlawfully at large if the person—

(a)

has been, orally or in writing—

(i)

informed of the period of temporary release that is the subject of the person's licence, and

(ii)

warned of the requirement to return to prison after the expiry of the period and of the offence and punishment available for failing to do so, and

(b)

without reasonable excuse, fails to take all necessary steps in order to return to prison as soon as possible after the period of temporary release expires.

(3)

In a case of a person to whom section 32A(1)(a), (b) or (c) relates, the person remains unlawfully at large if the person—

(a)

is given notification of the matter of being deemed to be unlawfully at large, and

(b)

without reasonable excuse, fails to take all necessary steps in order to return to prison as soon as possible after notification of the matter is given to the person.

(4)

Notification of the matter to a person is to, as far as practicable—

(a)

state the date from which the matter has arisen,

(b)

state that the person has been recalled to prison (and record the reason for recall), and

(c)

state—

(i)

that the person must take all necessary steps in order to return to prison at the relevant time (as described in accompanying words), and

(ii)

that prosecution for an offence punishable by imprisonment or a fine (or both) could result if the person fails to do so.

(5)

Notification of the matter is given to a person where the person—

(a)

is actually notified of the matter orally or in writing, or

(b)

is to be regarded as notified of the matter.

(6)

A person is to be regarded as notified of the matter if—

(a)

written notice of the matter—

(i)

is sent or delivered to an appropriate address,

(ii)

prescribes a specific period for the purposes of this subsection, and

(iii)

bears to be signed and dated by or on behalf of the Scottish Ministers, and

(b)

the specific period so prescribed in the notice expires.

(7)

An appropriate address is—

(a)

an address at which the person is, in accordance with the person's licence, permitted to reside or stay, or

(b)

an address nominated, in accordance with the person's licence, for the purposes of this section.

Annotations

Textual amendments

F1: Ss. 32A-32D and cross-heading inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 59(2), 63(2); S.S.I. 2019/309, reg. 2, sch. (with reg. 4)