Custodial Sentences

The Court may impose a period of imprisonment or 'custodial sentence' for the most serious offences.

The length of sentence will be limited by the maximum penalty for that crime. If the offender has spent time in custody before the trial, their time in prison is often counted as having started from the date they were remanded in custody.

All prisoners start serving their sentence at a local prison. The local prisons for the North Strathclyde Area are HMP Greenock and HMP Barlinnie. Most males aged 16-21 serve their sentence at HMYOI Polmont or HMP Greenock. HMP Cornton Vale is the main women's prison in Scotland.

The Scottish Prison Service deals with prisoners from all kinds of backgrounds with different sets of problems. They have different services to help people while in prison, preparing them for their eventual release and reducing the risk of their re-offending. These services are offered through link centres that put prisoners in touch with accommodation services, job or training agencies, and healthcare agencies to prepare for life after their release.

Release arrangements will vary, depending on the sentence received and when the offence was committed.

Home Detention Curfew (HDC)

A Home Detention Curfew is an early release option for short-term prisoners (i.e. those serving four years or less) to return to the community under curfew conditions by being electronically tagged and monitored until the end of their sentence.

Extended Sentence

An Extended Sentence allows the Court to impose additional supervision on licence if they believe the offender may pose a risk to the public after their release. The offender will serve the custodial term in prison and will then be subject to supervision for an extension period of up to 10 years.

Supervised Release Order

A Supervised Release Order can be imposed when an offender is sentenced to a prison term of between 12 months and four years, and they are considered to pose a risk to the public after their release. The Court will impose a Supervised Release Order after considering a social enquiry report. A Supervised Release Order can apply for up to 12 months after release.

Licences

A Licence is the legal document, on behalf of the Scottish Ministers, which allows an offender to be in the community and not in prison. There are various types of Licence, some with particular conditions attached.

The three main Licences are Parole Licence, Non-Parole Licence and Life Licence.

Parole Licence

Half way through a long-term sentence (4 or more years) a prisoner is eligible to be considered for parole and with the Parole Board's recommendation, they can be released on a Parole Licence.

The licence will require the individual to:

report promptly and co-operate with their supervising (social work) officer
to be of good behaviour (including restraining from further offending)
to comply with instructions of the supervising officer
to inform the supervising officer at once of any change in address or employment

The individual may also be required to undertake counselling for problems such as alcohol, drugs or anger management. If the individual fails to co-operate with their Licence conditions they may be recalled to custody to resume serving their sentence.

Non-Parole Licences

Offenders not recommended for release by the Parole Board, who have opted out of the parole system, or who have been unsuccessful in applying for parole must be released on Licence at the two-thirds stage of their sentence.

Offenders released on a Non-Parole Licence are generally those whose conduct in prison and other circumstances (such as failure to address drug issues) are seen as being likely to re-offend without supervision. The conditions of the Licence may be very similar to those of Parole Licences. In each case, parole or non-parole, the Licence - unless previously revoked - does not expire until the end of the full sentence imposed by the Court.

Life Licence

Once the punishment part of the sentence has been served, a life prisoner must have the grounds of their continued imprisonment reviewed by the Parole Board. The prisoner has the right to be present at the Parole Board hearing and to be represented. If the decision of the Parole Board is that the prisoner should not be released on Life Licence, then the prisoner has the right to be considered again within two years, and could be seen earlier if the Board recommends it.

Life prisoners who breach the terms of their Life Licence (which last until the end of the person's natural life), are liable to be recalled to custody by the Scottish Ministers, with or without a recommendation from the Parole Board.

The Justice Process