Memorandum of Procedure on Restricted Patients

Determinate sentence

When an individual is sentenced to a specific period of imprisonment.

Earliest date of liberation ( EDL)

EDL is the date at which those sentenced to 4 years or more (see "long term offender" below) are entitled to be released on a non parole licence on reaching the two-thirds stage of their sentence where the Parole Board has not previously directed release on parole (see PQD below).

Extended sentence

This sentence is imposed where the court wishes to impose an additional period of post release supervision. It comprises a custodial term and an extension period. All extended sentence offenders are released into the community on licence until the end of the extended sentence period. The expiry date of the licence is dependent upon the type of offender ( i.e. sexual or violent), the length of the custodial part of the sentence and the date on which the offender is released.

This type of sentence can only apply to:-

• sexual offenders (where the accused would have received a determinate custodial sentence of any length) or
• violent offenders (where the accused would have received a determinate custodial sentence of 4 years or more).

An extended sentence prisoner who has been recalled to custody may only be re-released into the community on the direction of a tribunal.

Licence

All offenders, apart from those sentenced to short term sentences of less than 4 years and who are not sexual offenders, are released subject to the terms of a release licence (and supervision in the community). The licence sets out the conditions of behaviour that they must keep. Should they breach the terms of that licence, they are liable to be recalled to custody and, if not re-released, may be required to serve the remainder of their sentence in custody.

Life Prisoner Tribunal ( LPT)

Life Prisoner Tribunal is a tribunal comprising of 3 members of the Parole Board for Scotland convened to consider the prisoner's suitability for release on licence.

Life sentence

Mandatory in murder cases. For other offences which do not carry a sentence prescribed by law, the High Court has discretion to impose a life sentence if it feels this is appropriate. This is a matter for the sentencing judge and it is within his or her discretion as to whether to impose such a sentence.

Where a life sentence is imposed, the sentencing judge must specify the "punishment part" of the sentence and this period must be served by the offender before release can be considered. Once the punishment part has expired, the offender's case is referred to the Parole Board sitting as a Tribunal, to consider their suitability for release on life licence. If it does not direct release, the Tribunal will fix a date to further review the case no more than 2 years later (subject to the imposition of any further sentence(s)). A life licence remains in place for life.

Long term offender

Offender serving a sentence of imprisonment for a term of 4 years or more.

Parole Qualifying Date ( PQD)

Prisoners sentenced to 4 years or more qualify for consideration of early release on parole at the halfway point of their sentence. This date is known as the Parole Qualifying Date or PQD.

Punishment part

The period fixed by the court in life sentence cases (at the time of sentencing) to reflect retribution and deterrence. The life sentence prisoner is required to spend this period in custody before his suitability for release on life licence can be considered by the Parole Board.

Short term offender

Offender serving a sentence of imprisonment for a term of less than 4 years.

Victim Notification Scheme

Under the provisions of the statutory scheme introduced on 1 November 2004, victims or their families have a right to receive information about the release of a prisoner. They also have a right to be told when a prisoner is being considered for release and to make written representations about his/her release to the Parole Board.