PAROLE
The system allows prisoners to be released, on licence and under specific conditions, to serve part of their sentence under supervision in the community. A person detained in prison or a young offenders' institution, who is serving a sentence of 4 years or more, is entitled to be considered for parole after serving half the sentence but can decline to be so considered.
Offenders sentenced to life imprisonment or detention without limit of time have the right to be considered for release by the Parole Board once they have served the punishment part of their sentence. The punishment part is that part of the sentence that the sentencing judge decides the prisoner must serve to satisfy the requirements of retribution and deterrence. In considering such cases the Parole Board sits as a Life Prisoner Tribunal and has the power to direct the prisoner's release on life licence if it is satisfied the prisoner does not require to continue to be detained for the protection of the public. If a direction is given to release the prisoner, the Scottish Ministers must release the prisoner.
The Board also has a role in advising Scottish Ministers about the release on licence of children sentenced to detention under solemn procedure. If released on licence, the individual must comply with the conditions stipulated in the licence. A breach of licence renders the individual liable to be recalled to custody.
Prisoners sentenced to a term of 4 years or more who are not granted parole are released on licence when they have served two-thirds of their sentence.
In the case of prisoners sentenced to 4 years or more a licence lasts to the expiry of the full sentence and the offender remains liable to recall until that date. For those released on life licence the licence remains in force the remainder of the individual's natural life.