The Home Detention Curfew Licence (Amendment of Specified Days) (Scotland) Order 2008

Made: 18th March 2008

Coming into force: 21st March 2008

In accordance with section 45(3) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

1

This Order may be cited as the Home Detention Curfew Licence (Amendment of Specified Days) (Scotland) Order 2008 and comes into force on 21st March 2008.

Amendment of section 3AA(3) of the Prisoners and Criminal Proceedings (Scotland) Act 1993

2

In section 3AA(3) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (period during which prisoners may be considered for release on licence subject to a curfew condition), for “121 days” substitute “166 days”.

Signed

KENNY MACASKILL — A member of the Scottish Executive — 18th March 2008

Explanatory note

(This note is not part of the Order)

This Order amends the period specified in section 3AA(3) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

That is the period during which the Scottish Ministers may, under section 3AA(1) of that Act, release a prisoner on licence subject to a curfew condition, commonly known as a home detention curfew licence, in terms of sections 12AA and 12AB of that Act.

The period during which a prisoner can be released on such a licence is therefore increased from 135 days (i.e. 121 days plus 14 days) to 180 days (i.e. 166 days plus 14 days) before the date on which a prisoner will have served one half of a sentence.

Footnotes

[^f00001]: 1993 c. 9. Section 3AA was inserted by the Management of Offenders etc. (Scotland) Act 2005 (asp 14), section 15(5).