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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction:
Belgium has a system whereby convicted persons can be released before having served the whole of their sentence. These provisions are laid down in the law of 17 May 2006 on the external legal status of persons who have been sentenced to a custodial penalty and on the rights granted to the victim within the framework of the implementation provisions of the penalty and, as far as persons sentenced to a total of no more than three years of imprisonment are concerned, in the ministerial circular no. 1771 of 17 January 2005 on provisional release (currently under revision) – see attachments in French.
If yes, are there requirements/conditions they must adhere to when in the community?The first condition is a time requirement: the convicted person must have served a part of his sentence, which is determined by the law or by the circular. The date of eligibility for conditional release corresponds to: 1/3 of the custodial penalty(ies); 2/3 of the custodial penalty(ies) if the convicted person is a recidivist as defined by law. In this case, the total duration of the penalty(ies) served shall not exceed 14 years; 15 years for prison sentences of 30 years or life imprisonment; 19 years for prison sentences of 30 years or life imprisonment in certain cases of recidivism (see law); 23 years for prison sentences of 30 years or life imprisonment if it appears that the detainee has previously been sentenced to a penalty for a felony. The other conditions relate to the existence or otherwise of counter-arguments, e.g.: on the impossibility for the convicted person to support him/herself, to find accommodation, on the risk that the convicted person might commit serious offences, on the risk that the convicted person importunes the victim and on his/her attitude towards the victim (compensation, for example). The release is subject to conditions aiming at meeting the recorded counter-arguments. The convicted person must accept the conditions in order to benefit from the release. Persons sentenced to a custodial penalty of more than 3 years are subject to a follow-up by an external service.
Once released back into the community, can an offender be recalled back into prison?If the convicted person commits a new offence or does not comply with the conditions after having been released, the release can be suspended, revised or revoked, resulting in his/her recall to prison.
Who decides that this ‘recall to prison’ should happen?The authority having granted the release decides on the revocation: the conditional release is revoked by the sentence enforcement tribunal which granted it and the release is revoked by the prison administration which granted it.
Once back in prison, does the offender have to serve the remainder of their sentence before they can be released again?Yes
If not, what is the process of achieving re-release before sentence expiry, and who makes the decision to re-release/not re-release them?N/A. considering no. 5.
Special Remarks or CommentsThere are three ways to comply with the prison sentence: In ordinary regime, in open regime and in conditional release (parole). In open regime and in conditional release is possible to complete the sentence outside prison. In open regime the prisoner is still attached to a particular prison even if the everyday activities are carried out outside the establishment. In conditional release the linkage is established with a social worker and the living arrangements of the offender will be fully normalized.
If yes, are there requirements/conditions they must adhere to when in the community?Requirements Hourly grill Plan of activities to do Conditions relating to relationships with others persons and frequenting certain places The whole set of conditions should be linked to the Individualized Project of Treatment (PIT)
Once released back into the community, can an offender be recalled back into prison?The offender can be returned to prison for breach of the commitments and / or discrepancies between administrative and judicial authorities
Who decides that this ‘recall to prison’ should happen?The administrative authority decides about open regime cases. When the decision comes from the administrative authority this is always a collegiate decision (lawyer-psychologist-social worker).The judge of penitentiary surveillance decides always on conditional release cases following a previous proposal of the probation officer.
Once back in prison, does the offender have to serve the remainder of their sentence before they can be released again?Not necessarily.
If not, what is the process of achieving re-release before sentence expiry, and who makes the decision to re-release/not re-release them?The decision belongs to the administrative authorities in open regime cases and to the judge of penitentiary surveillance for conditional release cases.
Special Remarks or CommentsThis content is only available to registered members of EuroPris.
In Finland every person condemned to a prison sentence will conditionally be released from prison before their whole sentence has been served in a prison (with exception to those condemned to life sentence of those few serving their sentence in full in prison). A person serving a fixed-term sentence of imprisonment shall be conditionally released when he or she has served two-thirds of the sentence, or in case of a sentence imposed for an offence committed under the age of 21 years, when he or she has served one-half of the sentence. A prisoner who has not served a sentence of imprisonment in prison during the three preceding years shall be conditionally released then he or she has served one-half of the sentenceor, in the case of a sentence imposed for an offence committed under the age of 21, when he or she has served one-third of the sentece. According to the Finnish Criminal Code, a conditional release is possible after an imprisonmentof 14 days. A probationary period, which is equivalent to the lenght of the sentece remaining a the time of release, begins when a sentenced person is conditionally released. However, the maximum length of the probationary period is three years. A prisoner serving life sentece may apply for a conditional release at the earliest when 12 years of the sentece has been served. If the offence was committed before the age of 21 years, the application may be submitted at the earliest when 10 years of the sentence has been served. The release decision concerning a life sentence prisoner shall be made by the Court of Appeal of Helsinki. Finnish prisons also have a small number of recidivists serving the entire sentence who have been ordered by the courts to serve their sentece in full in prison. These offenders have been sentenced to a fixed-term sentence of imprisonment in full in prison. These offenders have been sentenced to a fixed term sentence of imprisonment for at least three years for a very serious crime such as murder, homocide, killing, aggravated assault or aggravated rape, have committed such a very serious crime previously, and are to be deemed particularly dangerous to the life, health or freedom of another. The offenders serving their entire sentence are usually conditionally released after they have served five-sixth of the sentence if they are no longer deemed particularly dangerous. The prisoner's commitment to treatment and support may also be taken into consideration. Otherwise, they shall be released on the last day of the enforcement. Before conditional release the prisoner may be placed in probationary liberty under supervision for a maximum of 6 months. An offender in probationary liberty under supervision is still a prisoner serving a sentence.
If yes, are there requirements/conditions they must adhere to when in the community?Conditional release: A decision on conditional release without supervision does not call for any specific requirements upon the released. 3350 conditional releases were issued in 2014. Supervised conditional release: Conditional release can be implemented with supervision. In 2014 about one in five conditional releases was implemented under supervision (745 implementations). A prisoner shall be placed under supervision if the probationary period is longer than one year, the offence is committed when under 21 years of age, the prisoner so requests of the prisoner is obligated to the medicalcare of sexual offenders issued for the prevention of reoffending. The director of the prison makes the decision about placing the supervision. After the decision the appointed Community Sanctions Office will assign an official as the supervisor and prepare the supervision plan. The supervision shall include regular meetings between the supervisor and the supervised person to monitor the circumstances of the supervised person and changes therein and aiming at improving the ability of the supervised person to bear his responsibilities and to act in manner acceptable in society. The supervision appointments as well as the tasks and programmes belonging to supervision can take up at most 12 hours monthly but, in the case of a supervised person needing support and supervision, they may however, take up at most 30 hours. The meetings take place at the Community Sanctions Office. In practice the meetings are about on hour a week at the beginning of the supervision, but after a while only regular registrations at the Community Sanctions Office are demanded. The supervised person is no allowed to cometo the meetings or other functions that are part of the supervision under the influence of alcohol or other intoxicants. If, after the probationary period has lasted at least six months, it has becomeevident that the continuance of supervision is not necessary, the Criminal Sanctions Agency may, upon the propsal of the supervisor, terminate the supervision. Probationary liberty under supervision: The conditions for probationry liberty under supervision are that it promotes the implementation of the sentence plan; it can be deemed probable that he or she will follow the conditions of the probationary liberty based on the information received on the conduct of the prisoner during his or her sentence, his or her personality and his or her criminality; the prisoner undertakes to abstain from using intoxicating substances and doping substances and commits to the control of the abstinence from intoxicating substances; the prisoner undertakes to comply with the duty to maintain contact and the other necessary written conditions connected with moving outside the institution and participation in activities (visits, meetings and other kind of communication with the supervisors); compliance with the conditions of probationary liberty can be supervised in a suitable manner including electronic monitoring; and the prisoner consents to the Criminal Sanctions Agency being to the necessary extent in contact with authorities, private associations and person in matters related to the investigation of the conditions for probationary liberty or compliance with the conditions. A person sentenced for a sexual offence is obligated during the probationary liberty to the medical care issued for the prevention of reoffending.
Once released back into the community, can an offender be recalled back into prison?Conditional release: An offender can be recalled back into prison if the offender commits a new offence during the probationary period for which in the consideration of the court he or she should be sentenced to unconditional imprisonment and for which charges have been brought within one year of the termination of the probationary period. A joint sentence on unconditional imprisonment shall be imposed for the remaining sentence to be enforced and the sentence imposed for the offence committed during the conditional release period. Supervised conditional release: If the supervised person is violating his/her obligations, the Criminal Sanctions Agency may issue the supervised person a written warning. If the supervisor is not able to get in contact with the supervised, the supervisor may send the police a request for picking up the supervised person. In case of a more serious violation, the supervisor can foward the matter to the prosecutor who may present it to the court. If the court sees that the violation of obligations has been aggravated and if, considering all the circumstances related to the offender and the violation in question, a special reason for the sanction exists, the court can order minimum of 4 and maximum of 14 rays of the remaining sentence to be enforced. In practice the use of these sentences is very rare. In 2014, 51 written warnings, 64 requests for pickup by the police and 16 reports to the prosecutor were issued. The amount of violations is probably a lot higher, but the officials at the Community Sanctions Offices are handling these situations rather with discussion and by offering support for problems like substance abuse, which is common among the offenders who are having trouble managing the obligations of the supervision. The written warnings and the reports to the prosecutor are mainly issued if the supervised person is ignoring the planned supervision, meaning he/she is not appearing at the meeting or his/her whereabouts are unknown. The objective of community sanctions like the supervision of conditional release is to support the offender to promote his/her social survival and to add to his/her readiness to continue life without crime. The supervision of conditional release is a way to offer support for the released prisoners who need it the most in addition to require the offender to commit to regular meetings and other obligations of the sentence plan. The appointments at the Community Sanctions Office are focused on helping the offender to organize his/her daily life. Probationary liberty under supervision: If the conditions no longer exist for probationary liberty under supervision, the probationary liberty shall be withdrawn. If the prisoner seriously and deliberately violates the conditions of the release, the prisoner shall be issued a warning of the probationary liberty shall be withdrawn for a fixed period or in full.
Who decides that this ‘recall to prison’ should happen?Conditional release: If the offender commits a crime, the case is forwarded to the prosecutor who, if he decides to prosecutre, presents the case to the court. The court makes the final decision about the recall to prison. Supervised conditional release: The supervisor at the Community Service Office makes a report of aggravated violation of obligations to the prosecutor who may present it to the court. The court makes the final decision about the recall to prison. Probationary liberty under supervision: If the prisoner is not following his/her responsibilities, an officer of the Criminal Sanctions Agency can give a warning. In case of aggravated and deliberate breaches, the director of the prison may withdraw the probationary release for a fixed period or in full. This may be done without the involvement of a prosecutor/the court since the person is still considered a prisoner.
Once back in prison, does the offender have to serve the remainder of their sentence before they can be released again?Conditional release: See answer in question number 3: the offender can be sentenced to a joint sentence unconditional imprisonment for the remaining sentence and new sentence imposed for the offence committed during the conditional release period. Enforcement of the remaining sentence may be waived in particular if most of the probationary period had been served before the new offence been committed, the remaining sentence is brief, or due to the sanction to be imposed on the perpetrator for the offence committed during the probationary period or the other consequences of the sentence the joint sentence would lead to an unreasonable result. The court may also order that a part of the remaining sentence shall be enforced. Supervised conditional release: If the offender is recalled back to the prison due to aggravated violations of the obligations of supervision of conditional release, he/she can be sentenced to prison for minimum of 4 and maximum of 14 days. Probationary liberty under supervision: In case of a recall from probationary liberty with supervision the date of the conditional release stays the same. In the same way the date of the final release remains the same in case of an offender serving a sentence in full in prison.
If not, what is the process of achieving re-release before sentence expiry, and who makes the decision to re-release/not re-release them?Conditional release: See answer 5 regarding serving the remaining sentence. Supervised conditional release: In practice the enforcement of 4 to 14 days of the remaining sentence of an offender in supervised conditional release is connected to a new sentence for a crime that the offender has committed during the conditional release. The offenders who neglect proseucotr are usually reachable after they have committed new crimes. When the new charges are given, the court may enforce 4 to 14 days of the remaining sentence to be served. Also, the same provisions apply to the supervised conditional release as to the unsupervised conditional release: if the person commits a new offence during the probationary period for which in the consideration of the court he or she should be sentenced to unconditional imprisonment and for which charges have been brough within one year of the termination of the probationary period, the court may order that the remaining sentence be enforced. Cases where a person under the supervision of conditional release has been recalled to prison for 4 to 14 days and the released have not been reported. Probationary liberty under supervision: If an offender has been recalled to prison for breaching his responsibilities, he/she may be given another chance to probationary liberty under supervision if the conditions for making a new decision of a probationary release exist. The date for the conditional release stays the same regardless of the offender's ability to follow the obligations of probationary liberty under supervision. The director of the prison makes the decision about the re-release.
Special Remarks or CommentsYes. The legislative basis for making decisions on temporary release are fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.One of the main issues taken into consideration when deciding whether or not a prisoner is suitable for temporary release is public safety. Prisoners are considered for temporary release in various circumstances, for example, for reintegration and resocialisation purposes; to employment or training programmes; on compassionate release because of ill health or family related circumstances and in making decisions regarding suitability the merits of each case are considered. Before a final determination on the granting of temporary release to a prisoner is made a number of factors may be taken into account including: - the nature and gravity of the offence to which the sentence being served by the person relates - the sentence concerned and any recommendation made by the Court in relation to the sentence imposed - the period of the sentence served by the person - the potential threat to the safety and security of the public should the person be released - the person's previous criminal record - the risk of the person failing to return to prison at the expiration of the period of temporary release - the conduct of the person while in custody or while previously on temporary release - any report or recommendation made by the Governor, the Garda Síochána, a Probation & Welfare Officer, or any other person whom the Minister considers may be of assistance in coming to a decision as to whether to grant temporary release - the risk that the person might commit an offence during any person of temporary release - the risk of the person failing to comply with any of the conditions of temporary release - the likelihood that a period of temporary release might accelerate the person's reintegration into society or improve his prospects of obtaining employment
If yes, are there requirements/conditions they must adhere to when in the community?Yes all temporary releases are subject to conditions, which in the vast majority of cases include a requirement to report on a regular basis to his or her Garda Station, be off good behaviour, keep the peace and return to the prison at the expiration of that period of temporary release, at which point a fresh decision is require after reviewing the compliance with the conditions of the previous period of temporary release.
Once released back into the community, can an offender be recalled back into prison?Any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí. Revocation of temporary release can arise where a prisoner is returned to the prison by An Garda Siochana prior to the termination of the period of temporary release.
Who decides that this ‘recall to prison’ should happen?The decision to revoke temporary release is one that is made by the Prison Governor following an inquiry as opposed to the Minister on the basis of information being supplied which indicates the prisoner has been or is in breach of the conditions of his temporary release.
Once back in prison, does the offender have to serve the remainder of their sentence before they can be released again?Generally yes, however each case would have to be considered on its merits and in line with the criterion as outlined in the Criminal Justice (Temporary Release of Prisoners Act) 2003.
If not, what is the process of achieving re-release before sentence expiry, and who makes the decision to re-release/not re-release them?A prisoner may apply through the prison Governor for consideration for temporary release. Their family or their legal representative can also apply for consideration of such a concession. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation made by the Governor and/or therapeutic services is to that effect. Each application is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release. All decisions on temporary release are made by the Minister for Justice & Equality. Governors do not make such desions even though they can make a recommendation to the Minister.
Special Remarks or CommentsThe conditional release prior to completion of punishment is carried out according to: Section 61. Conditional Release Prior to Completion of Punishment of the Criminal Law: (1) A person who has been convicted with deprivation of liberty, except temporary deprivation of liberty, may be conditionally released prior to completion of his or her basic punishment, if there is a reason to believe that he or she is able to adapt in the society after release without committing a criminal offence. (2) Taking into account the personality and behaviour of the convicted person, conditional release prior to completion of punishment may be ordered, if: 1) the convicted person has reached a certain result of resocialisation; 2) the convicted person to the extent possible has voluntarily made compensation for losses caused by his or her crime; 3) the convicted person has possibilities to acquire means of subsistence in legal way after his or her release; 4) the term specified in a law regulating the execution of criminal punishments after imposition of the punishment for the violation of the punishment serving regime has lapsed and there are no effective punishments for administrative violations committed during execution of the punishment of deprivation of liberty; 5) the convicted person is solving and is ready to continue to solve his or her psychological problems which have caused or may cause commitment of criminal offence; 6) the convicted person has agreed to treatment for alcoholism or addiction to narcotic, psychotropic or toxic substances, if he or she has committed the criminal offence due to alcoholism or addiction to narcotic, psychotropic or toxic substances. (21) Upon conditional release prior to completion of punishment a convicted person may be applied electronic monitoring in conformity with the following conditions: 1) the convicted person agrees to electronic monitoring; 2) implementation of electronic monitoring is possible at the place of residence of the convicted person; 3) application of electronic monitoring will promote inclusion of the convicted person in the society. (3) Conditional release prior to completion of punishment may be proposed if the convicted person has actually served: 1) not less than half of the punishment imposed for a less serious crime committed; 2) not less than two-thirds of the punishment imposed, if it has been imposed for a serious crime, or if the convicted person is a person who previously has been convicted with deprivation of liberty for an intentional crime and the criminal record for this crime has not been set aside or extinguished; 3) not less than three-quarters of the punishment imposed, if it has been adjudged for an especially serious crime or if the convicted person is a person who previously had been conditionally released prior to completion of punishment and has newly committed an intentional crime during the period of the unserved punishment; or 4) twenty-five years of a punishment of deprivation of liberty, if the convicted person is a person for whom life imprisonment has been imposed. (31) If application of electronic monitoring is possible in accordance with that laid down in Paragraph 2.1 of this Section, conditional release prior to completion of punishment with determination of electronic monitoring may be proposed, if the convicted person has actually served: 1) not less than one third of the punishment imposed for a less serious crime; 2) not less than half of the punishment imposed, if it has been imposed for a serious crime, as well as if the convicted person is a person who previously has been convicted with deprivation of liberty for an intentional crime and the criminal record for this crime has not been set aside or extinguished; 3) not less than two-thirds of the punishment imposed, if it has been adjudged for an especially serious crime, as well as if the convicted person is a person who previously had been conditionally released prior to completion of punishment and has newly committed an intentional crime during the period of the unserved punishment; or 4) not less than twenty-four years of a punishment of deprivation of liberty, if the convicted person is a person for whom life imprisonment has been imposed. (4) During the unserved part of the punishment a person who has been conditionally released prior to completion of punishment shall fulfil the obligations provided for in the law governing the execution of criminal punishments or stipulated by the State Probation Service. If a convicted person upon whom a suspended sentence has been imposed, without justifiable reason does not fulfil the abovementioned obligations, the court, on the basis of a submission by the State Probation Service may take a decision to execute the part of unserved punishment. (41) If a person who has been conditionally released prior to completion of punishment and who has been applied electronic monitoring, without justifiable reason does not fulfil the obligations related to electronic monitoring laid down in the law governing the execution of criminal punishments, revokes his or her consent to electronic monitoring or implementation of electronic monitoring is not possible anymore in the conditions in which he or she lives, the court, on the basis of a submission by the State Probation Service may take a decision to execute the part of unserved punishment. (42) If a person who has been conditionally released prior to completion of punishment and who has been applied electronic monitoring, has, in exemplary manner, fulfilled the obligations provided for in the law governing the execution of criminal punishments or stipulated by the State Probation Service and the term laid down in Section 61, Paragraph three of this Law has set in, according to which conditional release prior to completion of punishment is possible without determination of electronic monitoring, the court, on the basis of a submission by the State Probation Service may take a decision to revoke electronic monitoring. If the court takes a decision to revoke electronic monitoring, the convicted person is monitored in accordance with the provisions for monitoring of the convicted persons conditionally released prior to completion of punishment provided for in the laws and regulations governing the execution of criminal punishments. (5) If a person who has been conditionally released prior to completion of punishment commits a new criminal offence during the period of the punishment unserved, the court shall determine punishment for him or her in accordance with the provisions provided for in Sections 51 and 52 of this Law. (6) Conditional release prior to completion of punishment shall not be applied, if it has been imposed on a person of legal age for an especially serious crime committed against a person who has not reached the age of sixteen years, and is related to sexual violence. [27 May 2004; 21 June 2007; 30 October 2008; 8 July 2011; 1 December 2011; 13 December 2012; 15 May 2014; 16 October 2014] While, according to Part 3 of Section 65. Application of Punishment for Minors of the Criminal Law conditional release from a punishment before serving the term may be proposed in relation to a person who has committed a criminal offence prior to attaining eighteen years of age, if he or she has served not less than half of the imposed punishment. At the same time, according to Part 4 of Section 50.4 Sentence Execution Regime in Closed Prisons and Part 5 of Section 50.5 Sentence Execution Regime in Partly-closed Prisons of the Sentence Execution Code inmate can be conditionally released from a punishment before serving the term only from the highest level of the sentence serving regime.
If yes, are there requirements/conditions they must adhere to when in the community?According to Section 13. Types of Deprivation of Liberty Institutions of the Sentence Execution Code a deprivation of liberty sentence shall be executed in a closed prison, a partly-closed prison or an open prison, or in a juvenile correctional institution. According to the Sentence Execution Code there are no communities in Latvia. The requirements / conditions of a conditional release are noted in the answer of the 1st question.
Once released back into the community, can an offender be recalled back into prison?This question is not within the competence of the Latvian Prison Administration.
Who decides that this ‘recall to prison’ should happen?This question is not within the competence of the Latvian Prison Administration. State Probation Service, court or State police could provide a competent answer.
Once back in prison, does the offender have to serve the remainder of their sentence before they can be released again?The court decides the remainder of their sentence, and, according to the Section 5 of the Sentence Execution Code the place of deprivation of liberty carries out the imprisonment.
If not, what is the process of achieving re-release before sentence expiry, and who makes the decision to re-release/not re-release them?According to Sections 61 and 65 of the Criminal Law and Part 4 of Section 50.4 and Section 50.5 of the Sentence Execution Code (see answer to the 1st question) the inmate has the right to be repeatedly conditionally released from a punishment before serving the term.
Special Remarks or CommentsThis content is only available to registered members of EuroPris.
Yes. The Prisoners and Criminal Proceedings (Scotland) Act 1993 (the 1993 Act) provides for the release arrangements of convicted prisoners. S1(1) of the 1993 Act provides that as soon as a short-term prisoner has served one-half of his sentence he shall be released unconditionally (without prejudice to any supervised release order to which the prisoner may be subject). S1(2) of the 1993 Act provides that as soon as a long- term prisoner has served two-thirds of his sentence, he shall be released on non-parole licence. S1(3) of the 1993 Act provides that after a long-term prisoner has served one-half of his sentence the Secretary of State shall, if recommended to do so by the Parole Board, release him on parole licence. S2(4) of the 1993 Act Life sentence prisoners may be released on life licence under if recommended to do so by the Parole Board. S3AA of the 1993 Act provides that Scottish Ministers may release certain prisoners (who meet prescribed criteria) on home detention curfew (HDC).
If yes, are there requirements/conditions they must adhere to when in the community?Parole, non-parole, life and HDC licences contain generic conditions, plus may also have conditions specifically set for the person on licence.
Once released back into the community, can an offender be recalled back into prison?The Parole Board for Scotland and Scottish Ministers can recall persons released on licence following a breach of licence condiions. The Scottish Prison Service (SPS) can recall persons released on HDC following a breach of licence conditions
Who decides that this ‘recall to prison’ should happen?For life sentence and long term prisoners released on licence, this is the Parole Board for Scotland and you should contact them for further information as to how they make their decision. For those released on HDC who breach their licence, SPS has the authority under s17A of the 1993 Act to revoke the HDC licence and recall the person to custody. The decision to recall must be made by the establishment that released the person on HDC. Should the decision to recall the prisoner be made, immediate notification should be issued to the relevant Police desk, accompanied by a written request to return the prisoner to custody.
Once back in prison, does the offender have to serve the remainder of their sentence before they can be released again?Yes unless they are re-released. If they are a short term prisoner who was released on HDC, they have to serve until the one-half point of their sentence. If they are a long term prisoner and were released on licence at the either the one-half or two-third point of their sentence, they will serve up to their sentence expiry date, unless released earlier by the Parole Board.
If not, what is the process of achieving re-release before sentence expiry, and who makes the decision to re-release/not re-release them?For those recalled to custody following their HDC licence revocation, they have the right of appeal against the decision to return them to custody. Written representations are referred to the Parole Board for Scotland who will review their case and will decide whether the appeal be upheld or refused. For life sentence and long term prisoners who are recalled, their case is reviewed by the Parole Board for Scotland who makes the decision to direct re-release/not to re-release. Please contact the Parole Board for Scotland for further information.
Special Remarks or CommentsYes, prisoner can be released from prison before the whole of their sentence has been served.
If yes, are there requirements/conditions they must adhere to when in the community?The offender, who has served half of his sentence of imprisonment, may be released from a penal institution under the condition that until the term, for which he was sentenced, has elapsed he does not commit another criminal offence. The offender, who has been sentenced to over fifteen years imprisonment, may be released on parole after he has served three quarters of the sentence. The offender, who has been sentenced to life imprisonment, may be released on parole after he has served twenty-five years in prison (in practise we have not persons with life imprisonment). There are special other conditions for granting of parole.
Once released back into the community, can an offender be recalled back into prison?Yes, an offender can be recalled back into prison. a.)The court shall revoke parole if the parolee commits one or more criminal offences, for which a prison sentence of more than one year may be imposed. b.)The court shall revoke parole if the parolee commits one or more criminal offences, for which a prison sentence of up to one year may be imposed. In deciding on the revoking of parole, the court shall consider in particular the similarity of the criminal offences committed, their seriousness, the motives for which they were committed, and other circumstances indicating whether it is reasonable to release the offender on parole. The court shall also revoke the parole if the parolee does not perform the tasks, which were ordered by the body responsible for granting or denying the parole.
Who decides that this ‘recall to prison’ should happen?Courts decide that this recall to prison should happen. See answer 3.b.
Once back in prison, does the offender have to serve the remainder of their sentence before they can be released again?Answers 5. and 6. Penal Code, Article 89. (3) In revoking parole, the court shall impose a sentence in accordance with Article 53 (concurrence of criminal offences) and paragraph 2 of Article 55 of Penal Code, whereby the court shall take as determined that part of the sentence, which has not yet been served. (4) Provisions under paragraphs 1, 2 and 3 of this Article shall also apply, when the parolee is convicted of a criminal offence he had committed prior to being released on parole. (5) If the parolee is sentenced to imprisonment for a term not exceeding one year and the court does not revoke parole, then the period of parole shall be prolonged for the time of serving the sentence. (6) If the parolee commits a criminal offence during parole, which entails the revoking of parole and such an offence is not considered by the court before the expiry of the term of parole, the parole may be revoked within one year from the expiry of the term of parole. Paragraph 2 of Article 55: For a criminal offence committed during the period of the serving of a sentence in prison, the perpetrator shall be sentenced irrespective of earlier sentences if the application of provisions under Article 53 would lead to an unreasonably short term left to be served.
If not, what is the process of achieving re-release before sentence expiry, and who makes the decision to re-release/not re-release them?See answer 5.
Special Remarks or Comments