Life Prisoners
All life prisoners must have their case for release on licence considered by a Tribunal of the Board.

A Tribunal of the Board consists of three members of The Parole Board For Scotland, appointed by the Chairman of the Board. The Chairman of the Tribunal must be qualified to hold judicial office.

A life prisoner is entitled to require Scottish Ministers to refer his case to the Parole Board once the punishment part, that is the period fixed by the courts to satisfy the requirements of retribution and deterrence, ignoring the period of confinement, if any, which may be necessary for the protection of the public, has been served.

In considering the case of a life prisoner a Tribunal has the power to give a direction to release the prisoner if it is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

In referring life prisoners’ cases to the Board, Scottish Ministers also request advice on certain matters in the event that no direction to release the prisoner is made. These matters are:

• the degree of risk posed by the prisoner and the steps needed to address this;
• the desirability of transfer of the prisoner to different conditions within the options available; and
• the date on which the prisoner’s case should next be reviewed. That date must be no later than two years after the date of the Tribunal’s decision to decline to direct the prisoners release.

The Parole Board may, however, at the request of a life prisoner in respect of whom it has fixed the date of the next consideration of his case, direct the Scottish Ministers to refer that case to the Board before that date.