SWSG Guidance Package, Index Ref G.8

23 August 1993

Dear Director/Head

PRISONERS AND CRIMINAL PROCEEDINGS (SCOTLAND) ACT 1993

TRANSITIONAL ARRANGEMENTS: YOUNG OFFENDERS AND SECTION 206 DETAINEES

Summary

1. This circular provides outline information about the release expectations and liability to post-release supervision of existing young offenders and section 206 detainees who will still be in custody on 1 October 1993. It is being issued in advance of more general and detailed guidance on the new early release system to clarify those particular matters.

Action

2. I would be grateful if recipients would ensure that the contents are drawn to the attention of all relevant staff (including social workers based in Young Offender Institutions), and if Directors of Social Work could ensure that it is circulated to all Units in their Region which might hold section 206 detainees.

Young offenders - compulsory aftercare

3. Young offenders who will be affected by the provisions of the 1993 Act are:

- those who are sentenced on or after 1 October 1993; and

- those who are in custody on 1 October 1993 serving terms of less than 2 years.

Under the transitional provisions in paragraph 3 of Schedule 6 to the Act "existing prisoners" (which includes young offenders) who are on 1 October 1993 serving terms of less than 2 years are to be released unconditionally as soon as half their sentences have been served, or on 1 October if by then they have already served half or more of their sentences. Detainees affected by these provisions will therefore not be subject to compulsory aftercare under section 32 of the Prisons (Scotland) Act 1989.

4. Young offenders who are on 1 October 1993 serving sentences of 2 years or more will remain subject to the existing legislation. That is, they will keep their existing release expectations and liabilities, including compulsory aftercare under section 32 of the 1989 Act.

5. In summary, compulsory aftercare will continue to apply as it does now until 1 October 1993, after which it will continue to apply only to young offenders serving terms of, or totalling, 2 years or more, passed before that date.

Section 206 detainees

6. Those establishments holding detainees who were sentenced as children under section 206 of the 1975 Act should note that special transition provisions will apply to such detainees.

7. Under paragraph 4 of Schedule 6 to the 1993 Act, a section 206 detainee who is on 1 October 1993 serving a term or total term of less than 4 years is to be released on licence as soon as half the sentence has already been served or on 1 October if by then half or more of the sentence has already been served. Where a section 206 detainee is on 1 October serving a term or a total term of 4 years or more, he/she is to be released on licence as soon as two-thirds of the sentence has been served, or on 1 October if by then two-thirds or more of the sentence has already been served.

8. Licence expiry dates in such cases will be as follows:

- where the detainees is released on 1 October 1993 having already by then served half or two-thirds of the sentence, the licence should expire either on 1 October 1994 (12 months after the date of release) or on the date on which the full sentence expires, whichever is later;

- where the detainee is released after 1 October 1993, the licence should expire on the date on which the full sentence expires.

Enquiries

9. Any enquiries about the matters covered in this letter, or about the new early release arrangements generally, should be directed to Mr J Hislop, SOHHD IIC, Room 101, Calton House, 5 Redheughs Rigg, South Gyle, Edinburgh EH12 9HW, telephone 0131-244-8535.

Yours sincerely

LESLEY CLARE