The availability of ABWOR is restricted to cases involving prisoners in the following categories:
“Parole Board case” is defined in regulation 1 as “a case of a prisoner to which Part IV of the Parole Board (Scotland) Rules 2001 applies”.
“Tribunal” is defined as a “tribunal formed under Rule 18 of the Parole Board (Scotland) Rules 2001, and includes a preliminary hearing before the chairman of a tribunal under Rule 19 of those Rules”.
This section is concerned only with the availability of ABWOR in the case of the prisoners described above. It is not intended as a definitive statement of the status of prisoners and their right to early release or of the powers and duties of either the Parole Board or the Scottish Ministers. Such matters are beyond the scope of this section.
A designated life prisoner is either –
both of whom, on sentence, were ordered to serve the designated part of their sentence before being eligible to be referred to the Parole Board.
Under section 210A of the 1995 Act, where a person
the court may pass an extended sentence on the offender. An extended sentence consists of the custodial term appropriate to the case and an extension period, for which the offender is subject to a licence of such length as is necessary for the protection of the public.
In the case of a reference to the Parole Board under section 2(5)(a) or (6) of the 1993 Act, the prisoner will have served the designated part of their sentence, and may then require the Scottish Ministers to refer their case to the Parole Board.
If the Board, constituted as a tribunal, is satisfied that it is no longer necessary for the protection of the public that the prisoner should continue to be confined, it will direct the Scottish Ministers to release the prisoner on licence.
Where the tribunal does not order their release, the prisoner may make a further request after two years.
In the case of a reference to the Parole Board under section 17(3) of the 1993 Act, the prisoner will previously have been released on licence. However, Scottish Ministers will have revoked that licence and recalled them to prison either on a recommendation by the Parole Board or because Ministers consider it expedient in the public interest immediately to revoke the licence without prior consultation with the Parole Board.
Upon the prisoner’s return to prison, the Ministers must refer the case to the Parole Board where the recall was not based upon a Parole Board recommendation. Where there was such a recommendation, Ministers must refer the case to the Parole Board where the prisoner makes written representations in connection with the reasons given for their recall. Where the Board, constituted as a tribunal, directs the prisoner’s immediate release on licence, the Scottish Ministers must give effect to that direction.
In the case of a reference to the Parole Board under section 3A(2) of the 1993 Act, the prisoner will previously have been released on licence but Scottish Ministers have revoked that licence and recalled them to prison to serve the remainder of their extended sentence.
The prisoner may then require the Scottish Ministers to refer their case to the Parole Board. If the Board, constituted as a tribunal, is satisfied that it is no longer necessary, for the protection of the public from serious harm, that the prisoner should be confined (but not otherwise), it must direct that the prisoner be released. The Ministers must then release the prisoner on licence.