Legislative Basis

The Parole Board Rules

The Parole Board (Scotland) Rules 2001 set out the matters which may be taken into account by the Board in considering references by the Scottish Ministers. These Rules are amended by The Parole Board (Scotland) Amendment Rules 2010 which came into force on 21 May 2010, The Parole Board (Scotland) Amendment Rules 2011 which came into force on 1 May 2011, and The Parole Board (Scotland) Amendment Rules 2012 and The Parole Board (Scotland) Amendment (No. 2) Rules 2012 which both came into force on 26 June 2012.

Matters which may be taken into account by the Board include:

• the nature and circumstances of any offence of which that person has been convicted or found guilty by a court of law;
• that person’s conduct since the date of his / her current sentence(s);
• the likelihood of that person committing any offence or causing harm to any other person if he / she were to be released on licence, remain on licence or to be re-released on licence as the case may be; and
• what that person intends to do if he / she were to be released on licence, remain on licence or be re-released on licence, as the case may be, and the likelihood of his / her fulfilling those intentions.

Statutory Powers and Functions

The Parole Board for Scotland is a Tribunal Non-Departmental Public Body (NDPB) which exists under the provisions of the Prisons (Scotland) Act 1989, the Prisoners and Criminal Proceedings (Scotland) Act 1993, the Convention Rights (Compliance) (Scotland) Act 2001 and the Criminal Justice (Scotland) Act 2003.