Statutory Powers and Functions
The Parole Board for Scotland exists under the provisions of the
Prisons (Scotland) Act 1989, the Prisoners and Criminal Proceedings (Scotland)
Act 1993 and the Convention Rights (Compliance) (Scotland) Act 2001.
The Board has powers to:
- direct the release of determinate sentence prisoners serving 4 years or more and it may also make directions as to the licence conditions of such prisoners;
- direct the release on life licence of life prisoners;
- direct the recall to custody of determinate sentence prisoners serving sentences of 4 years’ imprisonment or more, life sentence prisoners who have been released on parole or life licence and extended sentence prisoners in circumstances where such action is considered to be in the public interest.
The Board may direct the Scottish Ministers to re-release any prisoner who has been recalled to custody without a recommendation of the Board or any prisoner who has been recalled with such a recommendation and who makes representations against such recall to the Scottish Ministers and the Board. The cases of life prisoners and extended sentence prisoners who are recalled to custody must be considered by a Tribunal of the Board.
The Board also directs the Scottish Ministers on additional conditions to
be attached to prisoners’ release licences.
