Casebook on Scottish Criminal Law [Paperback]

This informative new title is the first text dedicated to prisons law in Scotland since 1995. The law relating to prisons, prisoners and parole has undergone significant change in recent years following the implementation of the Human Rights Act 1998 making this an essential purchase for those wishing to remain up-to-date on this area of the law. All relevant legislation is included as the text covers criminal law in respect of imprisonment, both in respect of remands in custody and sentencing as at November 30, 2006, and also the numerous far-reaching changes in the law brought about by the coming into force of the Scotland Act 1998, the Human Rights Act 1998, the Convention Rights (Compliance) (Scotland) Act 2001 and the Prisons and Young Offenders Institutions (Scotland) Rules 2006. The text also makes reference to the Custodial Sentences and Weapons (Scotland) Bill, passed in March 2007 which amends the law relating to the confinement and release of prisoners. Wide ranging and expansive, the text includes analysis of recent case law from Scotland, England and the European Court of Human Rights whilst also examining the structures of prison as well as processes that take place within the prison system itself. The subject area is broached in a logical way, initially looking at admissions into prison and following the process through, considering daily life in prison right through to release. A comprehensive account of the laws governing prisons is provided, including admissions, disciplinary offences, parole and life sentences. The inclusion of complete contact details and information for all Scottish Prisons gives you fingertip access to useful information. This is the first book published dealing with Parole Board tribunal law and practice, with particular emphasis on tribunal and oral hearing procedure. It covers in detail both the Tribunal system, and the operation of recall and re-release. Offering a working insight into the mechanics of the parole system, associated processes are fully explained, covering the grant or refusal of parole, licence conditions, Life Prisoner and Extended Sentence Prisoner Tribunals and Oral Hearings. Core functions within the prison system are examined in detail, including: *How to be admitted to prison: remands in custody, custodial sentences, courts-martial and civil imprisonment *Explanation of the workings of short-term, long-term, extended sentences and life sentences, as developed in terms of both national legislation and European jurisprudence *Detailed analysis of the Prisons and Young Offenders Institutions (Scotland) Rules 2006, which came into effect on March 26, 2006 *The PSS system of allocating security categories, prisons complaints procedures, and prisoners growing use of litigation in respect of prison conditions *What happens after release, consequences of non-compliance with licence conditions, and remedies if recalled to custody Douglas Thomson SSC is a practising criminal solicitor-advocate, currently based in Dumbarton, who has been involved in prisons law since 1988. Between October 2001 and December 2007 he was a legal member of the Parole Board for Scotland, chairing over 400 hearings. He has also written a number of articles for legal journals on subjects relating to crime and punishment.