The Scottish Government

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Report by Sheriff Principal Gordon Nicholson CBE, QCISBN 978 0 7559 1721 1 (Web only publication)
This document is also available in pdf format (332k)

Contents

Report Submission

Acknowledgments

Chapter 1: Method of Working

Chapter 2: Statutory and Case Law Background
The statutory background
Relevant case law
General comments

Chapter 3: Current Ministerial Decision Making
Introduction
Prerogative powers
Decision making under express statutory provision
General comments

Chapter 4: Custodial Sentences and Weapons (Scotland) Act 2007
The Act in general
Custodial sentences at present
The approach of the 2007 Act: Determinate sentences
Comment on new provisions regarding determinate sentences
Practical problems
Setting the custody part
'Serious harm'
Licence conditions
Curfew licences
Recall to prison and revocation of licence
The Parole Board
Conclusion

Chapter 5: Conclusions, Suggestions and Recommendations
Introduction
Decision making under express statutory provision
Independent Prisons Complaints Commissioner
Prisons and Young Offenders Institutions (Scotland) Rules, rule 131
Custodial Sentences and Weapons (Scotland) Act 2007
Final conclusions and comments

Appendix: Somerville and Others v. The Scottish Ministers The judgment of the House of Lords

Addendum of 'Ministers Involvement in Decision-making in Criminal Justice Cases

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