Extended Sentence Prisoners
Section 86 of the Crime and Disorder Act 1998 introduced provisions to allow courts to impose additional post-release supervision on certain offenders where they consider such action to be necessary. The criterion for imposing the additional supervision, which forms part of an “extended sentence” is that any existing supervision would not be enough to protect the public from serious harm from the offender.

An extended sentence may be imposed in indictment cases on:

• sex offenders who would have received a determinate custodial sentence of any length; or
• violent offenders who would have received a determinate custodial sentence of 4 years or more.

The maximum length of the extension period is 10 years for sex offenders and 5 years for violent offenders. There are two other restrictions, namely:

• if the sentence is imposed by a sheriff sitting with a jury, the maximum extension period is restricted to 3 years; and
• the maximum length of the whole extended sentence cannot exceed the statutory maximum for that offence.

Scottish Ministers consult the Parole Board about the additional conditions that are to be attached to the release licences of extended sentence prisoners where the combined custodial part and the extension is 4 years or more.

Scottish Ministers refer to the Board all cases involving grounds for recall of extended sentence prisoners.

In considering the case of grounds for recall of an extended sentence prisoner the Board, in recommending that the offender’s licence be revoked, must be satisfied that such action is necessary in order to protect the public from serious harm from the offender. In the event of an extended sentence prisoner being recalled to custody and submitting representations to Scottish Ministers, the case for re-release must be considered by a Tribunal of the Board. The Tribunal, if not recommending immediate re-release, must be satisfied that it is necessary to hold the offender in custody in order to protect the public from serious harm.