Custody less than four years (short term):
Custody over four years (long term)
Throughcare
Statutory Throughcare licences/orders
Custody less than four years (short term):
Anyone serving a custodial sentence of less than four years will be released after serving half their sentence*. With the exception of short term prisoners subject to statutory supervision (Supervised Release Order or a sex offender released on an extended sentence or licence), social work will have no involvement on release unless requested by the offender (Voluntary Throughcare).
*if however another offence 'punishable by imprisonment' is committed between the release date and the date of full sentence, they can be returned to prison to complete the new sentence and the whole of the unexpired period (unless released on a short term licence).
Custody over four years (long term):
Offenders serving a custodial sentence of more than four years will be subject to statutory supervision. Prisoners become eligible for parole when they complete half their sentence, i.e. they are released early under strict supervision in the community. If parole is not granted or never applied for, the offender will be released on a non-parole licence once they have completed two thirds of their sentence. Offenders with life sentences are released on Life Licences. In addition to licences, the offender may also have an extended sentence.
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'Throughcare' denotes the provision of a range of social work and associated services to prisoners and their families from the point of sentence, during the period of imprisonment and following release into the community. Where the custody does not involve post release supervision, offenders can request help and support for 12 months after release, known as 'Voluntary Throughcare'. Where the offender is subject to statutory supervision on release, this is known as 'Statutory Throughcare'.
During custody, prison-based Social Workers liaise with outside Social Workers and other agencies regarding ongoing support to assist prisoners to prepare for release and to help them re-settle in the community:
- Prison-based Social Workers focus their work on prisoners in certain categories, e.g. sex offenders, high risk, violent offenders or drug users and encourage them to look at their offending behaviour during the period of their imprisonment.
- Community and prison-based Social Workers contribute to the Scottish Prison Service’s Integrated Case Management (ICM) system for planning and managing prisoners during their sentence.
- It is important to limit the damaging consequences of imprisonment by maintaining the links between the prisoner and their family.
- Community and prison-based Social Workers advise the Parole Board through parole reports about a prisoner’s response to imprisonment and the risks posed on release and how this can be managed.
- All prisoners are entitled to seek Social Work assistance but some issues will be dealt with by prison officers, e.g. housing matters and welfare issues.
- Criminal Justice provides a prison-based service in HMP Inverness, which is funded by the Scottish Prison Service.
For further information please see Prison-based Social Work (rtf 398kb) in HMP Inverness and programmes and support. Services provided by Criminal Justice Social Work (CJSW) are delivered in accordance with National Standards: Throughcare (external link).
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The following licences and orders are all subject to statutory supervision:
Supervised Release Order (SRO)
Short Term Licence
Extended Sentences
Parole Licence
Non-parole Licence
Life Licence
Order of Lifelong Restriction
Offenders are released under strict supervision in the community. Their community-based social worker will work with the offender to address:
- Community safety and public protection
- The reduction of re-offending
- Social inclusion to support desistance from offending
- Failure to abide by the terms of the licence/order conditions can result in their return to prison to complete the sentence.
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For offences committed after 30th September 1998, the court can make an SRO in indictment cases for offences other than sexual offences (see Extended Sentences below) where the custodial sentence is less than 4 years.
SRO's are used where the court believes supervision will be a requirement after the offender has been released from prison to protect the public from serious harm. The duration of the supervision cannot exceed 12 months, nor can it extend beyond the date of the full term of imprisonment. It fills the gap for higher risk offenders who are not eligible for parole supervision.
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An offender sentenced to a custodial period of between 6 months and less than 4 years will be released on a short term licence if: they were convicted of a sexual offence or they were returned to prison after committing another offence 'punishable by imprisonment' between the release date and the date of full sentence of a previous short term custodial sentence.
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Extended sentences can be imposed on indictment cases for violent (custody over 4 years) and sexual offences (any custody duration) committed after 30 September 1998.
There are 2 parts: the custodial sentence and the additional period of supervision which is in addition to any licence period. The maximum extension period for extended sentences is 10 years. This is used where the court believes supervision will be a requirement after the offender has been released from prison to protect the public from serious harm.
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Where a prisoner is sentenced to imprisonment of 4 years or more they become eligible for parole when they complete half their sentence.
Release on parole is discretionary and guided by reports from a number of agencies which include prison-based and community-based Social Workers. If parole is granted, this can be with 'standard conditions' or with 'additional conditions' (imposed by Scottish Ministers in consultation with the parole board).
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A prisoner serving more than 4 years and has completed two thirds of their sentence will be released on a Non-parole licence. Non-parole licences can be with 'standard conditions' or with 'additional conditions' (imposed by Scottish Ministers in consultation with the parole board).
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Scottish Ministers are required to release on a life licence a life sentence prisoner on the direction of the Parole Board. A life prisoner has his case considered by a Tribunal of the Board as soon as possible after the punishment part set by the court has expired. Offenders will only be released on a Life Licences if it is felt that they no longer pose a threat to public safety.
When the Parole Board directs the release of a prisoner, they should be released within 24 hours (no later than 48 hours).
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An Order for Lifelong Restriction (OLR) is a sentence introduced in Scotland in June 2006. The OLR provides for the lifelong supervision of high risk violent and sexual offenders and allows for a greater degree of intensive supervision than is the current norm. The OLR is designed to ensure that offenders, after having served an adequate period in prison to meet the requirements of punishment, do not present an unacceptable risk to public safety once they are released into the community. The period spent in the community will be an integral part of the sentence, which lasts for the remaining period of the offender's life.
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