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Prisoners and Criminal Proceedings (Scotland) Act 1993

Type Public General Act

Publication 1993-03-29

Last updated 2026-03-22

State In force

Department Statute Law Database

Source legislation.gov.uk

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Part I — Detention, Transfer and Release of Offenders

Early release

Supervision of persons released on licence.

1

(1) Where section 1AA (release of certain sexual offenders) does not apply to the prisoner, the Scottish Ministers must release a short-term prisoner—

(a) where subsection (1ZA) applies, as soon as the prisoner has served one-half of the prisoner’s sentence,

(b) in any other case, as soon as the prisoner has served two-fifths of the prisoner’s sentence,

and, subject to section 26A(4) (extended sentences: release on licence) and to any supervised release order which applies to the prisoner, such release is to be unconditional.

(1ZA) This subsection applies where the prisoner is serving a sentence of imprisonment which is for, or (in the case of a sentence treated as a single term under section 27(5)) which includes a sentence passed in respect of—

(a) an offence listed in paragraphs 36 to 60 of schedule 3 of the Sexual Offences Act 2003, or

(b) a domestic abuse offence.

(1A) Subsections (2) and (2A) apply as follows—

(a) subsection (2) applies in relation to a long-term prisoner who is serving a sentence imposed before 1st February 2016,

(b) subsection (2A) applies in relation to a long-term prisoner who is—

(i) serving a sentence imposed on or after 1st February 2016, and

(ii) not subject to an extended sentence within the meaning of section 210A of the 1995 Act.

(1B) For the purpose of subsection (1A), a sentence specified on appeal in substitution for a sentence imposed earlier is to be regarded as imposed when the earlier sentence was imposed.

(2) As soon as a long-term prisoner has served two-thirds of his sentence, the Secretary of State shall release him on licence unless he has before that time been so released, in relation to that sentence, under any provisionof this Act.

(2A) As soon as a long-term prisoner has only 6 months of the prisoner's sentence left to serve, the Scottish Ministers must release the prisoner on licence unless the prisoner has previously been so released in relation to that sentence under any provision of this Act.

(3) After a long-term prisoner has served one-half of the prisoner's sentence, the Scottish Ministers must release the prisoner on licence if recommended to do so by the Parole Board.

(3A) Subsections (1) to (3) above are subject to sections 1A and 1B of this Act.

(3B) The Parole Board must publish, in such manner as it considers appropriate, the test it will apply in making a recommendation under subsection (3).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Schedule 1 to this Act, which makes special provision as respects the release of persons serving both a sentence of imprisonment imposed on conviction of an offence and a term of imprisonment or detention referred to in section 5(1)(a) or (b) of this Act, shall have effect.

(9) This section does not apply in relation to a person to whom section 1AB applies to the extent that the person is serving a sentence of imprisonment imposed

(a) in respect of an offence within section 1AB(2) , or

(b) under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).

(10) In this section, “domestic abuse offence” means—

(a) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, or

(b) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018.

Duty to release discretionary life prisoners

2

(1) In this Part of this Act “ . . . life prisoner”, . . . except where the context otherwise requires, means a person—

(a) sentenced to life imprisonment for an offence for which, subject to paragraph (b) below, such a sentence is not the sentence fixed by law; or

(aa) sentenced to life imprisonment for murder or for any other offence for which that sentence is the sentence fixed by law; or

(ab) who is subject to an order for lifelong restriction in respect of an offence,

(b) whose sentence was imposed under section 205A(2) of the 1995 Act (imprisonment for life on further conviction for certain offences); . . .

and in respect of whom the court whichsentenced him for that offence made the order mentioned in subsection (2) below.

(2) The order referred to in subsection (1) above is an order that subsections (4) and (6) below shall apply to the . . . life prisoner as soon as he has served such part of his sentence (the punishment part) as is specified in the order, being , subject to section 205ZB(2) of the 1995 Act, such part as the court considers appropriate to satisfy the requirements for retribution and deterrence ..., taking into account—

(a) the seriousness of the offence, or of the offence combined with other offences of which the life prisoner is convicted on the same indictment as that offence; . . .

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any previous conviction of the . . . life prisoner ; ...

(c) where appropriate (and except in the case of a prisoner to whom section 205ZB of the 1995 Act applies), the matters mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act ; and

(d) in the case of a life prisoner to whom paragraph (a) or (ab) of subsection (1) above applies, the matters mentioned in section 2A(1).

(2A) The matters mentioned in subsection (2)(a) to (c) above (taken together) are for the case of a life prisoner to whom paragraph (aa) of subsection (1) above applies; and, as respects the punishment part in the case of such a prisoner, the court is to ignore any period of confinement which may be necessary for the protection of the public.

(3) A court which imposes life imprisonment for an offence such as is mentioned in subsection (1) above or makes an order for lifelong restriction shall make such order as is mentioned in subsection (2) above and such order shall constitute part of a person’s sentence within the meaning of the 1995 Act for the purposes of any appeal or review.

(3A) An order such as is mentioned in subsection (2) above—

(a) shall specify the period that the court considers appropriate under that subsection in years and months; and

(b) may specify any such period of years and months notwithstanding the likelihood that such a period will exceed the remainder of the prisoner’s natural life.

(4) Where this subsection applies, the Secretary of State shall, if directed to do so by the Parole Board, release a . . . life prisoner on licence.

(5) The Parole Board shall not give a direction under subsection (4) above unless—

(a) the Secretary of State has referred the prisoner’s case to the Board; and

(b) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(5A) Where, on the disposal of any reference of a life prisoner’s case under section 28(4) of the 1989 Act, under subsection (5)(a) above, subsection (5C) or (6) below or section 17(3) of this Act or under paragraph 34, 38 or 42 of the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), the Parole Board declines to direct that the prisoner be released on licence, it shall—

(a) give the prisoner reasons in writing for the decision not to direct his release on licence; and

(b) fix the date when it will next consider the prisoner’s case under this section, being , subject to subsections (5AB) to (5AD) below, a date not later than two years after the date of its decision to decline to direct the release of the prisoner.

(5AB) Where a reference has been made to the Parole Board under any of the provisions mentioned in subsection (5A) above and the prisoner receives another sentence of imprisonment (whether for life or for a term) before a date has been fixed for considering his case, the Board shall, if he would not be eligible for release from the other sentence on the date which would (apart from this subsection) have been fixed for considering his case, fix a date (other than that date) for considering his case.

(5AC) Where, at any time after such a reference has been made—

(a) a date has been fixed for considering the prisoner’s case; or

(b) following the disposal of the reference, a date has been fixed under subsection (5A)(b) above,

and, before that date, the prisoner receives any other sentence of imprisonment (whether for life or for a term), the Board shall, if he would not be eligible for release from any such other sentence on that date, fix a different date for considering his case (and where he receives any further sentence of imprisonment from which he would not be eligible for release on that different date, the Board shall fix a further different date).

(5AD) Any date fixed under subsection (5AB) or (5AC) above shall—

(a) be—

(i) the date on which the prisoner would be eligible to be released, or considered for release, from all such other sentences (subject to any change to the date on which he would be so eligible); or

(ii) a date as soon as practicable after that date; and

(b) replace any date previously fixed for considering the prisoner’s case.

(5B) The Scottish Ministers shall refer the case of a life prisoner to the Parole Board so as to enable it to consider the case on the date fixed by the Board under subsection (5A)(b) , (5AB) or (5AC) above.

(5C) The Parole Board, at the request of a life prisoner in respect of whom it has, under subsection (5A)(b) , (5AB) or (5AC) above, fixed the date of the next consideration of his case, may direct the Scottish Ministers to refer that case to the Board before that date.

(6) Where this subsection applies, a . . . life prisoner may, subject to subsections (6B) , (6C) and (7) below, . . . require the Secretary of State to refer his case to the Parole Board.

(6A) The Scottish Ministers shall not refer the case of a life prisoner to the Parole Board under subsection (6) above if—

(a) they have previously so referred his case to the Board under that subsection;

(b) they have referred his case to the Board without the prisoner requiring them to do so under that subsection; or

(c) the Parole Board has, on a reference to it under section 28(4) of the 1989 Act, under section 17(3) of this Act or under paragraph 34, 38 or 42 of the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), declined to direct that the prisoner be released on licence.

(6B) No requirement may be made under subsection (6) by a life prisoner who is also serving or liable to serve a sentence of imprisonment in respect of an offence within section 1AB(2)—

(a) in the case of a prisoner to whom section 1AB(3) applies, before the day on which the Scottish Ministers are required to refer the prisoner's case to the Parole Board under section 1AB(3), or

(b) in the case of a prisoner to whom section 1AB(3) does not apply by virtue of section 1AB(2A), before the day on which the Scottish Ministers are required to release the prisoner under section 26ZA(5).

(6C) No requirement may be made under subsection (6) by a life prisoner who is also serving or liable to serve a sentence of imprisonment imposed under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security) before the day on which the Scottish Ministers are required to refer the prisoner’s case to the Parole Board under section 1AB(3).

(7) No requirement shall be made under subsection (6) above by a life prisoner (other than a prisoner to whom subsection (6B) or (6C) applies) who is also serving or liable to serve a sentence of imprisonment for a term, before he has served the appropriate part of the term.

(7A) The appropriate part of the term is—

(a) one half, where the term is—

(i) less than 4 years; or

(ii) 4 years or more and is imposed by a sentence of imprisonment on conviction of an offence; or

(b) two thirds, where the term is 4 years or more and is a term of imprisonment or detention mentioned in section 5(1)(a) or (b) of this Act.

(7B) Section 5(1) of this Act, in so far as relating to the construction of references to sentences of imprisonment, does not apply to subsection (7A)(b) above.

(8) In determining for the purposes of subsection (4) or (6) above whether a . . . life prisoner has served the punishment part of his sentence, no account shall be taken of any time during which he was unlawfully at large.

(9) Where a life prisoner is serving or is liable to serve two or more sentences of imprisonment for life—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) notwithstanding the terms of any order under subsection (2) above, subsections (4) and (6) above shall not apply to him until he has served the punishment part of each of those sentences; and

(10) In subsection (9) above, the reference to “sentences of imprisonment for life” is to be construed as including a reference to any sentence constituted by an order for lifelong restriction.

Power to release prisoners on compassionate grounds

3

(1) The Secretary of State may at any time, if satisfied that there are compassionate grounds justifying the release of a person serving a sentence of imprisonment, release him on licence.

(2) Before so releasing any long-term prisoner or any life prisoner, the Secretary of State shall consult the Parole Board unless the circumstances are such as to render consultation impracticable.

(3) The release of a person under subsection (1) above shall not constitute release for the purpose of a supervised release order.

Persons detained under Mental Health (Scotland) Act 1984

4

(1) Notwithstanding that a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) is made in respect of a person serving a sentence of imprisonment, this Part of this Act shall apply to the person as if he continued to serve that sentence while detained in, and as if he had not been removed to, hospital.

(1A) This Part of this Act shall apply to a person conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act as if, while so detained, he was serving the sentence of imprisonment imposed on him at the time at which that direction was made.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fine defaulters and persons in contempt of court

5

(1) Subject to sections 1(8) and 2(7B) of this Act and to subsections (2) to (4) below, this Part of this Act (except sections 3AA, 1(3), 16 and 27(5)) applies to a person on whom imprisonment, or as the case may be detention in a young offenders institution, has been imposed—

(a) under section 219 of the 1995 Act (imprisonment for non-payment of fine or, by virtue of that section, under section 207 of that Act (detention of young offenders); or

(b) for contempt of court,

as it applies to a person sentenced to imprisonment, or on whom detention has been imposed, on conviction of an offence; and references in this Part of this Act to prisoners (whether short-term or long-term), or to prison, imprisonment, detention or sentences of imprisonment shall be construed accordingly.

(2) Subject to section 1B, where section 1(1) or (2) of this Act applies to a person by virtue of subsection (1) above, that section shall be construed as requiring the Secretary of State to release the person unconditionally as soon as, in the case of—

(a) a short-term prisoner, he has served two-fifths of his term of imprisonment; or

(b) a long-term prisoner, he has served two-thirds of his term of imprisonment,

and if during the term in question the prisoner is released on licence under section 3 of this Act and, subsequently, the licence is revoked under section 17(1), (1A) or (1B) thereof, the period during which he is thereby lawfully at large shall be taken, for the purposes of paragraph (a) or (b) above, to be a period of imprisonment served.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Notwithstanding subsection (1) above, section 11 of this Act shall not apply to a person to whom this Part of this Act applies by virtue of that subsection but whose release on licence is under section 3 of this Act; and that licence shall (unless revoked) remain in force only until the date on which, by virtue of subsection (2) above, his release would have been required had he not been released earlier.

(4) Where a person has had imposed on him two or more terms of imprisonment or detention mentioned in subsection (1)(a) or (b) above, sections 1A , 1B and 27(5) of this Act shall apply to those terms as if they were terms of imprisonment.

Application to young offenders and to children detained without limit of time

6

(1) This Part of this Act applies—

(a) to—

(i) persons on whom detention in a young offenders institution has been imposed under section 205ZA(6) of the 1995 Act,

(ii) persons on whom detention in a young offenders institution has been imposed under section 205ZC(4) of that Act, and

(iii) persons on whom detention in a young offenders institution (other than detention without limit of time or for life) has been imposed under section 207(2) of that Act,

as the Part applies to persons serving equivalent sentences of imprisonment;

(b) to—

(i) persons sentenced under section 205(1) to (3) of that Act to be detained without limit of time or for life;

(ii) children sentenced to be detained without limit of time under section 208 of that Act; and

(iii) persons on whom detention without limit of time or for life is imposed under section 207(2) of that Act,

as the Part applies to persons sentenced to imprisonment for life,

and references in the Part (except in this section, sections 1(8) and 5(1) and paragraph 1(b) of Schedule 1) to prisoners (whether short-term, long-term or life) or to prison, imprisonment or sentences of imprisonment shall be construed accordingly.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children detained in solemn proceedings

7

(1) Where a child is detained under section 208 of the 1995 Act (detention of children convicted on indictment) and the period specified in the sentence—

(a) is less than four years, he shall be released on licence by the Secretary of State as soon as (following commencement of the sentence) the period mentioned in subsection (1ZA) has elapsed;

(b) is of four or more years, he shall be so released as soon as (following such commencement) two thirds of the period so specified has elapsed unless he has before that time been so released, in relation to that sentence, under any provision of this Act.

(1ZA) The period referred to in subsection (1)(a) is—

(a) where subsection (1ZB) applies, one-half of the period specified in the sentence,

(b) in any other case, two-fifths of the period specified in the sentence.

(1ZB) This subsection applies where the sentence is for, or (in the case of a sentence treated as a single term under section 27(5)) includes a sentence passed in respect of—

(a) an offence listed in paragraphs 36 to 60 of schedule 3 of the Sexual Offences Act 2003, or

(b) a domestic abuse offence within the meaning of section 1(10).

(1A) The Secretary of State may by order provide—

(a) that the reference to—

(i) four years, in paragraph (a) of subsection (1) above; or

(ii) four or more years, in paragraph (b) of that subsection,

shall be construed as a reference to such other period as may be specified in the order;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) An order under subsection (1A) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with any provision made by the order.

(2) A child detained under section 208 of the 1995 Act or in pursuance of an order under subsection (3) below shall, on the recommendation of the Parole Board made at any time, be released on licence by the Secretary of State.

(2A) This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention ... or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.

(2B) In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.

(2C) In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years, this Part applies to the person as if the single term were an equivalent sentence of detention or, as the case may be, imprisonment.

(3) If, after release under subsection (1) or (2) above or, as the case may be, section 1AB(4) or 26ZA(5)(a) and before the date on which the entire period specified in the sentence elapses (following commencement of the sentence) or, as the case may be, before the date on which the sentence under section 205ZC(5) as originally imposed by the court expires, a child commits an offence in respect of which it is competent to impose imprisonment on a person aged 21 years or more (other than an offence in respect of which imprisonment for life is mandatory) and, whether before or after that date, pleads guilty to or is found guilty of it a court may, instead of or in addition to making any other order in respect of that plea or finding—

(a) in a case other than that mentioned in paragraph (b) below, order that he be returned to detention for the whole or any part of the period which—

(i) begins with the date of the order for his return; and

(ii) is equal in length to the period between the date on which the new offence was committed and the date on which that entire period so elapses or, as the case may be, the sentence under section 205ZC(5) expires; and

(b) in a case where that court is inferior to the court which imposed the sentence, refer the case to the superior court in question; and a court to which a case is so referred may make such order with regard to it as is mentioned in paragraph (a) above.

(4) The period for which a child is ordered under subsection (3) above to be returned to detention—

(a) shall be taken to be a sentence of detention for the purposes of this Act and of any appeal; and

(b) shall, as the court making that order may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence (being in either case disregarded in determining the appropriate length of that sentence).

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Without prejudice to section 6(1)(b)(ii) of this Act—

(a) sections 1AB, 3, 11(1), 12, 12A, 12B, 17 , 20(2) and 26ZA of this Act apply to children on whom detention has been imposed under section 205ZC(5) of the 1995 Act and children detained under section 208 of that as they apply to long-term prisoners (but subject to the modifications of section 26ZA in subsection (5A));

(aa) sections 3A and 3B of this Act apply to children on whom detention has been imposed under section 205ZC(5) of the 1995 Act as they apply to long-term prisoners; and

(b) in those sections of this Act, references to prisoners, or to prison, imprisonment or sentences of imprisonment shall be construed, and sections 1A , 1B and 27 shall apply, accordingly.

(5A) The modifications are that section 26ZA is to be read as if—

(a) subsection (9) were omitted, and

(b) subsection (10)(a) related to section 1A(1)(c) only.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In the foregoing provisions of this section any reference to a child being detained does not include a reference to his being detained without limit of time.

(8) This section (other than subsections (2) and (3) to (7)) does not apply in relation to a person to whom section 1AB applies to the extent that detention is imposed on the person under section 205ZC(5) of the 1995 Act.

(9) This section is subject to section 1B.

Children detained in summary proceedings

8

Persons liable to removal from the United Kingdom

9

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In relation to a person who is liable to removal from the United Kingdom, section 12 of this Act shall have effect as if subsection (2) were omitted.

(3) For the purposes of this section, a person is liable to removal from the United Kingdom if he—

(a) is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him;

(b) is liable to deportation under section 3(6) of that Act;

(d) is an illegal entrant within the meaning of section 33(1) of that Act; or

(e) if he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

Life prisoners transferred to Scotland

10

(1) This Part of this Act, except section 2(9), shall apply to a transferred life prisoner (whether transferred before or after the commencement of this enactment or section 3 of the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7)) who is a life prisoner—

(a) transferred from England and Wales and to whom—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) section 82A (determination of tariffs) of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) (in this section, “the 2000 Act”) applies and in respect of whom the court has made an order under section 82A(2) of that Act; or

(iii) subsections (5) to (8) of section 28 (early release of life prisoners to whom that section applies) of the Crime (Sentences) Act 1997 (c. 43) (in this section, the “1997 Act”) apply by virtue of an order made under section 28(2)(b) of that Act (while that provision was in force) or an order made under section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003; or

(iv) a minimum term order made under section 321 of the Sentencing Code applies;

(b) transferred from the Isle of Man and to whom paragraph 4(1) (discretionary life detainees) of Schedule 2 to the Custody Act 1995 (c.1) applies (that Act being an Act of the Tynwald of the Isle of Man to re-enact with amendments certain enactments relating to the custody of offenders and others; to make fresh provision for such custody; and for connected purposes: in this section “the Isle of Man Custody Act”); or

as if the prisoner were a life prisoner within the meaning of section 2 of this Act and the punishment part of his sentence within the meaning of that section were the relevant part specified in an order made under the said section 82A(2), 28(2)(b) or 269(2) or paragraph 3(1)(a) or 4(1) or made under a provision such as is mentioned in subsection (1A) below, as the case may be.

(1AA) This Part of this Act, except section 2(9), applies also to a transferred life prisoner—

(a) who is transferred from England and Wales on or after the date on which section 269 of the Criminal Justice Act 2003 comes into force,

(b) in relation to whom paragraph 3 of Schedule 22 to that Act applies by virtue of paragraph 2(a) of that Schedule, but

as if the prisoner were a life prisoner within the meaning of section 2 of this Act and the punishment part of his sentence within the meaning of that section were the notified minimum term defined by paragraph 3(4) of that Schedule.

(1A) The provision referred to in paragraph (c) of subsection (1) above is—

(a) a provision made by Order in Council under section 85 (provisions dealing with certain reserved matters) of the Northern Ireland Act 1998 (c.47), where that provision is to the effect that a court in Northern Ireland sentencing a person to imprisonment for life may make an order that early release provisions shall apply to the person as soon as he has served the part of his sentence specified in the order; or

(b) any provision to that effect, including one made as described in paragraph (a) above, identified by the Scottish Ministers by order made by statutory instrument.

(2) In the case of any other transferred life prisoner, being one whose transfer occurred after the coming into force of section 3 of the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), subsection (3) below applies where the court, following a hearing under subsection (2J) below, makes an order under that subsection specifying a part of the sentence which the court considers would have been specified as the punishment part under subsection (2) of section 2 of this Act if—

(a) the prisoner had been sentenced for the offence in Scotland; and

(b) that section (as amended by section 3 of the Convention Rights (Compliance) (Scotland) Act 2001) had been in force at the time when the prisoner was sentenced.

(2A) The Scottish Ministers shall, as soon as reasonably practicable after the transferred life prisoner is transferred to Scotland, refer the case of the transferred life prisoner to the High Court of Justiciary for a hearing under subsection (2J) below.

(2B) The Scottish Ministers shall not so refer the case of a transferred life prisoner if the prisoner—

(a) has, under subsection (2C) below, waived the entitlement to such a hearing; or

(b) has served the part of the sentence specified in the certificate or direction referred to in subsection (2D) below

and in such a case subsection (3) below applies.

(2C) A transferred life prisoner in respect of whom a certificate or direction referred to in subsection (2D) below has been issued or made may waive the entitlement to a hearing under subsection (2J) below provided—

(a) the prisoner has had independent legal advice or has declined such advice; and

(b) a copy in writing of the waiver is sent to the Scottish Ministers.

(2D) The certificate or direction referred to in subsection (2B)(b) above is—

(a) a certificate issued under—

(i) section 48 of or paragraph 9 of Schedule 12 to the Criminal Justice Act 1991 (c.53); or

(ii) section 33 of the 1997 Act;

(b) a direction of the Secretary of State made under—

(i) section 28(4) of the 1997 Act; or

(ii) section 82A(5) of the 2000 Act; or

(2E) Notwithstanding subsection (2A) above, a transferred life prisoner—

(a) who has not, under subsection (2C) above, waived the entitlement to a hearing; or

(b) who has not served the part of the sentence specified in the certificate or direction referred to in subsection (2D) above issued in respect of that prisoner,

may, after his transfer to Scotland, refer his case for a hearing under subsection (2J) below.

(2F) The Scottish Ministers shall, no later than two weeks after the referral of a transferred life prisoner’s case under subsection (2A) or (2E) above, send the documents and other information mentioned in subsection (2G) below to—

(a) the High Court of Justiciary;

(b) the Lord Advocate; and

(2G) The documents and other information referred to in subsection (2F) above are—

(a) a copy of the indictment or any corresponding document;

(b) subject to subsection (2H) below, a copy of any report by the trial judge;

(d) any other documents or information which the Scottish Ministers consider relevant.

(2H) A report prepared by the trial judge—

(a) may be sent under subsection (2F) above notwithstanding that it was prepared on the basis that it would not be disclosed to the transferred life prisoner; and

(b) shall be so sent for the purposes only of the hearing under subsection (2J) below.

(2J) There shall be a hearing at which the High Court of Justiciary shall make the order referred to in subsection (2K) below.

(2K) That order is an order specifying a part of the sentence which the court considers would have been specified as the punishment part under subsection (2) of section 2 of this Act, if—

(a) the prisoner had been sentenced for the offence in Scotland; and

(b) that section (as amended by the Convention Rights (Compliance) (Scotland)) Act 2001 (asp 7)) had been in force at the time when the prisoner was sentenced.

(2L) The court, in considering the case of a transferred life prisoner—

(a) who is serving more than one sentence of imprisonment for life; and

(b) two or more of whose life sentences were imposed in proceedings on a single indictment,

shall, in making the order under subsection (2J) above, proceed as if the prisoner had been sentenced in Scotland and section 205D (only one sentence of imprisonment for life to be imposed in any proceedings) of the 1995 Act had been in force at the time the prisoner was sentenced.

(2M) Such a transferred life prisoner who, before being transferred to Scotland, had been released on licence, otherwise than on compassionate grounds, shall be deemed to have been released on licence under section 2(4) of this Act as if the transferred life prisoner had been a life prisoner to whom that section applied and who had served the punishment part of his sentence.

(2N) The reference in this section to a transferred life prisoner’s release on compassionate grounds has the same meaning as that reference has in section 10A of this Act.

(2P) The court shall pronounce the order under subsection (2J) above in open court.

(2Q) If the court is satisfied that the transferred life prisoner is incapable of properly instructing a solicitor in relation to the hearing under subsection (2J) above, whether or not the prisoner has so instructed a solicitor, it shall not make the order under that subsection.

(2R) If the Scottish Ministers are satisfied that the prisoner is no longer incapable of instructing a solicitor in relation to the hearing under subsection (2J) above, they shall, as soon as reasonably practicable thereafter, refer the case of the prisoner to the court for such a hearing.

(2S) In this section—

“incapable” means incapable by reason of mental disorder or of inability to communicate because of physical disability; but a person shall not fall within this definition by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise); and

“mental disorder” has the same meaning as it has in section 87 of the Adults with Incapacity (Scotland) Act 2000 (asp 4).

(2T) Nothing in this section shall be taken as preventing a prisoner, in respect of whom the court declined, under subsection (2Q) above, to make the order under subsection (2J) above, from again referring his case for a hearing under subsection (2J) above.

(2U) A hearing under subsection (2J) above shall be criminal procedure for the purposes of section 305 of the 1995 Act (power of High Court of Justiciary to regulate criminal procedure by Act of Adjournal).

(3) In a case to which this subsection applies (whether by virtue of subsection (2) above or of subsection (2B) above), this Part of this Act except section 2(9) shall apply as if—

(a) the transferred life prisoner were a . . . life prisoner within the meaning of section 2 of this Act; and

(b) the punishment part of his sentence within the meaning of that section were the part specified in the order under subsection (2J) above or as the case may be in the certificate or direction referred to in subsection (2D) above.

(4) In this section “transferred life prisoner” means a person—

(a) on whom a court in a country or territory outside Scotland or a court-martial has (whether before or after the commencement of this section) imposed one or more sentences of imprisonment or detention for an indeterminate period; and

(b) who has been transferred to Scotland , or in the case of a sentence imposed by a court martial in Scotland to a prison in Scotland (in either case whether before or after that commencement), in pursuance of—

(i) an order made by the Secretary of State under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 , other than an order for a restricted transfer within the meaning of paragraph 6(1) of that Schedule to that Act,or section 2 of the Colonial Prisoners Removal Act 1884; or

(ia) a decision of the Secretary of State under section 80 (removal of patients to Scotland) of the Mental Health Act 1983 (c.20) authorising the prisoner’s removal to Scotland from England and Wales; or

(ib) a decision of the responsible authority under article 6 (removal to Scotland of patients to Northern Ireland) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 authorising the prisoner's removal to Scotland from Northern Ireland

(ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984, ; or

(iii) rules made under section 122(1)(a) of the Army Act 1955 (imprisonment and detention rules); or

(iv) rules made under section 122(1)(a) of the Air Force Act 1955 (imprisonment and detention rules); or

(v) a determination made under section 81(3) of the Naval Discipline Act 1957 (place of imprisonment or detention),

there to serve, or to serve the remainder of, his sentence or sentences ; and in this subsection “prison” has the same meaning as in the 1989 Act..

(4A) The reference in subsection (4)(b) above to a person who has been transferred to Scotland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in Scotland in pursuance of a warrant issued by the Scottish Ministers under section 4A of that Act (warrant transferring responsibility for detention and release of offender).

(4B) Such a person is to be taken to have been transferred when the warrant under section 4A of that Act was issued in respect of that person.

(5) Where a transferred life prisoner has been transferred to Scotland to serve the whole or part of two or more sentences referred to in subsection (4)(a) above—

(a) he shall be treated as a . . . life prisoner (within the meaning of section 2 of this Act) for the purposes of subsection (3) above only if the requirements of subsection (2) above are satisfied in respect of each of those sentences; and

(b) notwithstanding the terms of any order under the said section 28(2) of the the 1997 Act section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003, section 321(2) of the Sentencing Code or paragraph 4(1) of Schedule 2 to the Isle of Man Custody Act or under a provision such as is mentioned in subsection (1A) above relating to Northern Ireland or of any order under subsection (2J) above, subsections (4) and (6) of section 2 of this Act shall not apply to him until he has served the punishment part of each of those sentences.

Duration of licence

11

(1) Where a long-term prisoner is released on licence under this Part of this Act, the licence shall (unless revoked) remain in force until the entire period specified in his sentence (reckoned from the commencement of the sentence) has elapsed.

(2) Where a life prisoner is so released, the licence shall (unless revoked) remain in force until his death.

(3) Without prejudice to any order under section 209 of the 1995 Act, where a short-term prisoner is released on licence—

(a) under section 3(1) of this Act, the licence shall (unless revoked) remain in force until

(i) in the case of a person to whom section 1AB applies, the date on which, but for such release, the entire period specified in the prisoner's sentence (reckoned from the commencement of the sentence) has elapsed, and

(ii) in any other case, under section 3(1) of this Act, the licence shall (unless revoked) remain in force until the date on which, but for the release under section 3(1), he would have been released under section 1(1) of this Act;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3ZA) Where a short-term prisoner is released on licence under section 1AB, the licence (unless revoked) remains in force until the entire period specified in the prisoner's sentence (reckoned from the commencement of the sentence) has elapsed.

(3A) Subsections (1) to (3) above do not apply in relation to release on licence under section 3AA of this Act.

(3B) A licence granted under section 3AA of this Act remains in force (unless it is revoked) until the date on which the released person would, but for his release under that section, fall to be released under section 1 of this Act.

Conditions in licence

12

(1) A person released on licence under this Part of this Act shall , subject to section 12A below, comply with such conditions as may be specified in that licence by the Secretary of State.

(2) Without prejudice to the generality of subsection (1) above and to the power of the Secretary of State under subsection (3) below to vary or cancel any condition, a licence granted under this Part of this Act shall include a condition requiring that the person subject to it—

(a) shall be under the supervision of a relevant officer of such local authority , ofan officer of a local probation board appointed for or assigned to such local justice areaor (as the case may be) of an officer of a provider of probation services acting in such local justice area, as may be specified in the licence; and

(b) shall comply with such requirements as that officer may specify for the purposes of the supervision.

(2A) In its application to a licence granted under section 3AA of this Act, subsection (2) above is to be construed as if, for the words “shall include” there were substituted may include.

(3) The Scottish Ministers may under subsection (1) above include on release and from time to time insert, vary or cancel a condition in a licence granted under this Part of this Act; but—

(a) in the case of a long-term or life prisoner released by the Scottish Ministers under subsection (1) of section 3 of this Act without consulting the Parole Board, no licence condition shall be inserted, varied or cancelled subsequent to the release except in accordance with the recommendations of the Parole Board; and

(b) in the case of any other long-term or life prisoner, no licence condition shall be included on release, or subsequently inserted, varied or cancelled except in accordance with such recommendations.

(3A) Subsection (3)(b) does not apply in relation to a standard condition in a licence granted by virtue of regulations under section 3C(3).

(4A) Subsection (3)(b) above does not apply in relation to a condition in a licence granted under section 3AA of this Act; but in exercising their powers under this section in relation to a long-term prisoner released on such a licence the Scottish Ministers must have regard to any recommendations which the Parole Board has made for the purposes of section 1(3) of this Act as to conditions to be included on release.

Supervision of persons released on licence

13

The Secretary of State may make rules for regulating the supervision of any description of person released, under this Part of this Act, on licence.

Supervised release of short-term prisoners

14

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State shall, not later than thirty days before the date of release of a short-term prisoner who is subject to a supervised release order, designate—

(a) the local authority for the area where the prisoner proposes to reside after release;

(b) the local authority for the area where the place from which he is to be released is situated; or

as the appropriate authority or, as the case may be, justices for the purposes of the order.

(5) As soon as practicable after designating a local authority or justices under subsection (4) above the Secretary of State shall—

(a) inform the prisoner in writing of the designation; and

(b) send to the authority or, as the case may be, to the designated officer for the justices a copy of the supervised release order and of the relevant documents and information received by the Secretary of State by virtue of section 209(6)(b) of the 1995 Act.

Variation of supervised release order etc

15

(1) A person released subject to a supervised release order, or his supervising officer, may request the Secretary of State that a local authority or the justices for a local justice area(in this section referred to as the “second” designee) be designated under this subsection as the appropriate authority or justices for the purposes of the order in place of that or those for the time being designated under section 14(4) of this Act or this subsection (the “first” designee) if the person resides or proposes to reside in the area of the second designee.

(2) The Secretary of State shall, if he designates the second designee in accordance with the request, determine the date from which the designation shall have effect.

(3) As soon as practicable after a designation is made under subsection (1) above—

(a) the Secretary of State shall—

(i) inform the person subject to the supervised release order, the first designee and the second designee that the designation has been made and of the date determined under subsection (2) above; and

(ii) send a copy of the supervised release order to the second designee; and

(b) the first designee shall send to the second designee the relevant documents and information received by the first designee by virtue of section 14(5)(b) of this Act (or by virtue of this paragraph).

(4) The court which made a supervised release order may, on an application under this subsection by a person subject to the order (whether or not he has been released before the application is made) or by his supervising officer (or, if the person is not yet released, but a local authority stands or justices stand designated as the appropriate authority or justices in respect of the order, by a relevant officer of that authority or, as the case may be, an officer of a local probation board, or an officer of a provider of probation services, acting in the local justice area)—

(a) amend, vary or cancel any requirement specified in or by virtue of the order;

(b) insert in the order a requirement specified for the purpose mentioned in section 209(3)(b) of the 1995 Act,

whether or not such amendment, variation, cancellation or insertion accords with what is sought by the applicant; but the period during which the person is to be under supervision shall not thereby be increased beyond any period which could have been specified in making the order.

(5) If an application under subsection (4) above is by the supervising officer (or other relevant officer or officer of a local probation boardor officer of a provider of probation services) alone, the court shall cite the person who is subject to the order to appear before the court and shall not proceed under that subsection until it has explained to the person, in as straightforward a way as is practicable, the effect of any proposed amendment, variation, cancellation or insertion.

(5A) The unified citation provisions (as defined by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46)) apply in relation to a citation under subsection (5) above as they apply in relation to a citation under section 216(3)(a) of that Act.

(6) The clerk of the court by which an amendment, variation, cancellation or insertion is made under subsection (4) above shall forthwith send a copy of the resultant order to the person subject to it and to the supervising officer.

Commission of offence by released prisoner

16

(1) This section applies to a short-term or long-term prisoner sentenced to a term of imprisonment (in this section referred to as “the original sentence”) by a court in Scotland and released at any time under this Part of this Act or Part II of the Criminal Justice Act 1991 if—

(a) before the date on which he would (but for his release) have served his sentence in full, he commits an offence punishable with imprisonment (other than an offence in respect of which imprisonment for life is mandatory); and

(b) whether before or after that date, he pleads guilty to or is found guilty of that offence (in this section referred to as “the new offence”) in a court in Scotland or England and Wales.

(2) Where the court mentioned in subsection (1)(b) above is in Scotland it may, instead of or in addition to making any other order in respect of the plea or finding—

(a) in a case other than that mentioned in paragraph (b) below, order the person to be returned to prison for the whole or any part of the period which—

(i) begins with the date of the order for his return; and

(ii) is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1)(a) above; and

(b) in a case where that court is inferior to the court which imposed the sentence mentioned in the said subsection (1)(a), refer the case to the superior court in question; and a court to which a case is so referred may make such order with regard to it as is mentioned in paragraph (a) above.

(3) Where the court mentioned in subsection (1)(b) above is in England and Wales it may, instead of or in addition to making any other order in respect of the plea or finding, refer the case to the court which imposed the original sentence and shall, if it does so, send to that court such particulars of that case as may be relevant.

(4) The court to which a case is referred under subsection (3) above may make such an order as is mentioned in subsection (2)(a) above in respect of the person.

(5) The period for which a person to whom this section applies is ordered under subsection (2) or (4) above to be returned to prison—

(a) shall be taken to be a sentence of imprisonment for the purposes of this Act and of any appeal; and

(b) shall, as the court making that order may direct, either be served before and be followed by, or be served concurrently with, any sentence of imprisonment imposed for the new offence (being in either case disregarded in determining the appropriate length of that sentence).

(6) In exercising its powers under section 118(4) or 189(1) and (2) of the 1995 Act, the court hearing an appeal against an order under subsection (2) or (4) above may, if it thinks fit and notwithstanding subsection (2)(a), substitute for the period specified in the order a period not exceeding the period between the date on which the person was released and the date mentioned in subsection (1)(a) above.

(7) Where an order under subsection (2) or (4) above is made in respect of a person released on licence—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act, the date mentioned in subsection (1)(a) above shall be taken to be that on which he would (but for his release) have served all of the sentences in full.

Revocation of licence

17

(1) Where—

(a) a long-term prisoner has been released on licence under this Part of this Act and is not detained as mentioned in section 12A(1)(a) or (b) of this Act; or

(b) a life prisoner has been so released on licence and is not detained as mentioned in section 12A(1)(b) of this Act,

the Scottish Ministers—

(i) shall, if recommended to do so by the Parole Board; or

(ii) may, if revocation and recall are, in their opinion, expedient in the public interest and it is not practicable to await such a recommendation,

revoke the licence and recall the prisoner to prison.

(1A) Where a long-term prisoner or a life prisoner has been released on licence as mentioned in subsection (1) above, but is detained as mentioned in that subsection, the Scottish Ministers—

(a) shall, if recommended to do so by the Parole Board; or

(b) may, if revocation is, in their opinion, expedient in the public interest and it is not practicable to await such a recommendation,

revoke the licence.

(1B) Where a short-term prisoner has been released on licence under section 3(1) of this Act, the Scottish Ministers may, whether or not he is detained as mentioned in section 12A(1)(b) of this Act—

(a) revoke the licence; and

(b) where he is not so detained, recall him to prison,

if they are satisfied that his health or circumstances have so changed that his release on licence is no longer justified.

(2) The Scottish Ministers shall, on the return to prison of a person whose licence is revoked under subsection (1), (1A) or (1B) above, inform that person of the reasons for the revocation.

(3) The Scottish Ministers shall refer to the Parole Board the case of a person whose licence is revoked under subsection (1), (1A) or (1B) above.

(4) Where on a reference under subsection (3) above the Parole Board directs a prisoner’s ... release on licence, the Scottish Ministers must give effect to the direction without undue delay .

(4AA) Where the Parole Board directs the release of a prisoner under subsection (4) above it may recommend that the Scottish Ministers insert, vary or cancel conditions in the prisoner’s licence.

(4A) Where the case of a prisoner to whom section 3A of this Act applies is referred to the Parole Board under subsection (3) above, subsection (4) of that section shall apply to that prisoner in place of subsection (4) above.

(5) On the revocation of the licence of any person under the foregoing provisions of this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

(6) A licence under this Part of this Act, other than the licence of a life prisoner, shall be revoked by the Secretary of State if all conditions in it have been cancelled; and where a person’s licence has been revoked under this subsection the person shall be treated in all respects as if released unconditionally.

(7) References in this section to release on licence do not include release on licence under section 3AA of this Act.

Breach of supervised release order

18

(1) Where the court which imposed a supervised release order on a person is informed, by statement on oath by an appropriate officer, that the person has failed to comply with a requirement specified in or by virtue of that order, the court may—

(a) issue a warrant for the arrest of the person; or

(b) issue a citation requiring the person to appear before the court at such time as may be specified in the citation.

(1A) The unified citation provisions (as defined by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46)) apply in relation to a citation under subsection (1)(b) above as they apply in relation to a citation under section 216(3)(a) of that Act.

(2) If it is proved to the satisfaction of the court before which a person is brought, or appears, in pursuance of a warrant or citation issued under subsection (1) above that there has been such failure as is mentioned in that subsection, the court may—

(a) order him to be returned to prison for the whole or any part of the period which—

(i) begins with the date of the order for his return; and

(ii) is equal in length to the period between the date of the first proven failure referred to in the statement mentioned in subsection (1) above and the date on which supervision under the supervised release order would have ceased; or

(b) do anything in respect of the supervised release order that might have been done under section 15(4) of this Act on an application under that subsection in relation to that order.

(3) For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence.

(4) As soon as the period for which a person is ordered under subsection (2) above to be returned to prison expires, the Secretary of State shall release him unconditionally.

(5) For the purposes of this Act, any such period as is mentioned in subsection (4) above is neither a sentence nor a part of a sentence.

(6) The following are “appropriate officers” for the purposes of subsection (1) above—

(a) the person’s supervising officer;

(b) the chief social work officer of a local authority which is designated under section 14(4) or 15(1) of this Act as the appropriate authority for the purposes of the order;

Appeals in respect of decisions relating to supervised release orders

19

(1) Within two weeks after a determination by a court—

(a) on an application under section 15(4); or

(b) under section 18(2),

of this Act, or within such longer period as the High Court may allow, the person subject to the supervised release order may lodge a written note of appeal with the Clerk of Justiciary, who shall send a copy to the court which made the determination and to the Secretary of State.

(2) A note of appeal under subsection (1) above shall be as nearly as possible in such form as may be prescribed by Act of Adjournal and shall contain a full statement of all the grounds of appeal; and except by leave of the High Court on cause shown it shall not be competent for an appellant to found any aspect of his appeal on a ground not contained in the note of appeal.

The Parole Board for Scotland

20

(1) There shall continue to be a body to be known as the Parole Board for Scotland, which shall discharge the functions conferred on it by, or by virtue of, . . . this Act.

(2) It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State may by rules make provision with respect to the proceedings of the Board, including provision—

(a) authorising cases to be dealt with in whole or in part by a prescribed number of members of the Board in accordance with such procedure as may be prescribed;

(b) requiring cases to be dealt with at prescribed times; and

(ba) enabling the Board to require any person, other than a prisoner whose case the Board is considering, to attend a hearing before it to give evidence or to produce documents;

(4A) In making provision such as is mentioned in subsection (4)(ba) above, the Scottish Ministers may apply subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 (c.65) with such modifications as may be set out in the rules but subject to the limitation that any penalty under subsection (5) of section 210 as so applied shall be restricted to a fine which shall not exceed level 2 on the standard scale.

(4AA) In making provision mentioned in subsection (4)(c), the Scottish Ministers must in particular include provision that the Board must, when making any decision as to the release of a prisoner serving a sentence imposed following a conviction for murder or culpable homicide (other than a decision as to release under section 3A(4) or 17(4)), take into account, where the victim’s remains have not been recovered, whether—

(a) there are reasonable grounds to believe that the prisoner has information about where the victim’s remains are or about how or where the victim’s remains were disposed of, and

(b) the prisoner has not disclosed that information.

(4AB) In making provision mentioned in subsection (4)(c), the Scottish Ministers must in particular include provision that the Board must, when making any decision in a prisoner’s case, take into account the likely impact of the decision on the safety and security of any victim or of any family member of a victim.

(4AC) In subsection (4AB), “victim” means a person against or in respect of whom an offence has been committed by the prisoner.

(4B) Provision mentioned in subsection (4)(c) may in particular include provision about the taking into account by the Board of the likely impact of its decision on a prisoner's family.

(5) The Secretary of State may give the Board directions as to the matters to be taken into account by it in discharging its functions under this Part of this Act; and in giving any such directions the Secretary of State shall in particular have regard to—

(a) the need to protect the public from serious harm from offenders; and

(b) the desirability of preventing the commission by offenders of further offences and of securing their rehabilitation.

(6) The supplementary provisions in Schedule 2 to this Act shall have effect with respect to the Board.

Parole advisers

21

(1) The Secretary of State may appoint under this section persons (to be known as “parole advisers”) to give advice to prisoners, or former prisoners, who wish to make representations to the Secretary of State or to the Parole Board as regards any matter concerning their release on licence under this Part of this Act or their return to prison or detention by virtue of this Part of this Act.

(2) The Secretary of State shall pay to parole advisers such remuneration and allowances as he may with the consent of the Treasury determine.

Miscellaneous

Place of confinement of prisoners

22

For section 10 of the 1989 Act (place of confinement of prisoners) there shall be substituted the following section—

(10) (1) A prisoner may be lawfully confined in any prison. (2) Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct, and may be moved by the Secretary of State from any prison to any other prison. (3) The foregoing provisions of this section are without prejudice to section 11 of this Act and section 241 of the 1995 Act (transfer of prisoner in connection with hearing of appeal).

Transfer of young offenders to prison or remand centre

23

After section 20 of the 1989 Act there shall be inserted the following section—

(20A) (1) Subject to section 21 of this Act, an offender sentenced to detention in a young offenders institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him. (2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offenders institution shall be detained in a prison or remand centre instead of in a young offenders institution, but if the offender is under 18 years of age at the time of the direction, only for a temporary purpose. (3) Where an offender is detained in a prison or remand centre by virtue of subsection (2) above, any rules under section 39 of this Act which apply in relation to persons detained in that place shall apply to that offender; but subject to the foregoing and to subsection (4) below, the provisions of the 1995 Act, the Prisoners and Criminal Proceedings (Scotland) Act 1993 and this Act relating to the treatment and supervision of persons sentenced to detention in a young offenders institution shall continue to apply to the offender. (4) Where an offender referred to in subsection (3) above attains the age of 21 years, subsection (3) of section 21 of this Act shall apply to him as if he had been transferred to prison under that section.

Additional days for disciplinary offences

24

The following subsection shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions)—

(7) Rules made under this section may provide for the award of additional days, not exceeding in aggregate one-sixth of the prisoner’s sentence— (a) to a short-term or long-term prisoner within the meaning of Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; or (b) conditionally on his eventually becoming such a prisoner, to a person remanded in custody, where he is guilty, under such rules, of a breach of discipline.

Provision in prison rules for directions

25

The following subsections shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions) after the subsection added by section 24 of this Act—

(8) Without prejudice to any power to make standing orders or to issue directions or any other kind of instruction, rules made under this section may authorise the Secretary of State to supplement the rules by making provision by directions for any purpose specified in the rules; and rules so made or directions made by virtue of this subsection may authorise the governor, or any other officer, of a prison, or some other person or class of persons specified in the rules or directions, to exercise a discretion in relation to the purpose so specified. (9) Rules made under this section may permit directions made by virtue of subsection (8) above to derogate (but only to such extent, or in such manner, as may be specified in the rules) from provisions of rules so made and so specified. (10) Any reference, however expressed, in any enactment other than this section to rules made under this section shall be construed as including a reference to directions made by virtue of subsection (8) above. (11) Directions made by virtue of subsection (8) above shall be published by the Secretary of State in such manner as he considers appropriate.

Further amendment of Mental Health (Scotland) Act 1984

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation and powers to amend

Interpretation of Part I

27

(1) In this Part of this Act, except where the context otherwise requires—

“court” does not include a court-martial;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“life prisoner” means a person serving a sentence of imprisonment for life or in respect of whom there has been made an order for lifelong restriction;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;

“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;

“order for lifelong restriction” means an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46);

“Parole Board” means the Parole Board for Scotland;

“local justice area” has the same meaning as in the Courts Act 2003 (c. 39);

“previous conviction” means— a previous conviction by a court in any part of the United Kingdom, orif the court considers appropriate, a previous conviction by a court in any member State of the European Union;

“relevant officer”, in relation to a local authority, means an officer of that authority employed by them in the discharge of their functions under section 27(1) of the Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prison etc.);

“risk management plan” shall be construed in accordance with section 6(1) of the Criminal Justice (Scotland) Act 2003 (asp 7);

“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years;

“supervised release order” has the meaning given by section 209 . . . of the 1995 Act but includes any order under subsection (2) of the said section 14; and

“supervising officer” has the meaning given by the said section 209.

(2) The Secretary of State may by order provide—

(a) that the references to four years in the definitions of “long-term prisoner” and “short-term prisoner” in subsection (1) above shall be construed as references to such other period as may be specified in the order;

(b) that any reference in this Part of this Act to a particular proportion of a prisoner’s sentence (other than a reference which may be amended under section 27A(1)) shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.

(3) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.

(4) For the purposes of this Part of this Act so far as relating to licences or persons released on licence, the age of any person at the time when sentence was passed on him shall be deemed to have been that which appears to the Secretary of State to have been his age at that time.

(4A) For the purposes of this Part of this Act, a term of imprisonment or detention—

(a) is wholly concurrent with another such term (or other such terms) if—

(i) it commences on the same date as that other term (or terms); and

(ii) it expires on the same date as that other term (or terms); and

(b) is partly concurrent with another such term (or other such terms) if—

(i) it commences on the same date as, and expires on a different date from, that other term (or terms); or

(ii) it commences on a different date from, but before the expiry of, that other term (or terms).

(5) For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, or any part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall , subject to subsections (5A) and (5AA), be treated as a single term if—

(a) the sentences were passed at the same time; or

(b) where the sentences were passed at different times, the person has not been released under this Part of this Act at any time during the period beginning with the passing of the first sentence and ending with the passing of the last.

(5A) Subsection (5) does not apply in relation to a sentence passed on a person—

(a) in respect of an offence within section 1AB(2), and

(b) on or after the coming into force of paragraph 52(6) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021.

(5AA) Nor does subsection (5) apply in relation to a sentence (a “national security-related sentence”) imposed on a person under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).

(5B) In determining, for the purposes of subsection (5), whether a sentence passed on a person in respect of an offence (other than a sentence passed on a person in respect of an offence within section 1AB(2) or a national security-related sentence) is to be treated as part of a single term, any sentence passed on the person in respect of an offence within section 1AB(2) or a national security-related sentence is to be ignored.

(6) If additional days are awarded in accordance with rules made under section 39(7) of the 1989 Act (and are not remitted in accordance with such rules), the period which the prisoner (or eventual prisoner) must serve before becoming entitled to or eligible for release shall be extended by those additional days.

(7) Where (but for this subsection) a prisoner would, under any provision of this Act or of the 1995 Act, fall to be released on or by a day which is a Saturday, Sunday or public holiday he shall instead be released on or by the last preceding day which is not a Saturday, Sunday or public holiday.

(8) For the purposes of this section “public holiday” means any day on which, in the opinion of the Secretary of State, public offices or other facilities likely to be of use to the prisoner in the area in which he is likely to be following his discharge from prison will be closed.

Part II — Criminal Proceedings

Evidence

Prints, samples etc. in criminal investigations

28

Evidence from documents

29

Admissibility of audio and video records

30

Transcript of customs interview sufficient evidence

31

Evidence from abroad through television links in solemn proceedings

32

Evidence of children on commission

33

Concealment by screen of accused from child giving evidence

34

Circumstances in which application under section 33 or 34 may be granted or on transfer be deemed granted, etc

35

Evidence as to taking or destruction of eggs

36

After section 19 of the Wildlife and Countryside Act 1981 there shall be inserted the following section—

(19A) In any proceedings in Scotland for an offence under section 1(1)(c) of, or by virtue of section 3(1)(a)(iii) of, this Act, the accused may be convicted on the evidence of one witness.

Evidence by certificate

37

Procedure

Adjournment for inquiry etc. in summary proceedings at first calling

38

New circumstances on notice of which preliminary diet may be ordered

39

Taking of other proceedings while jury out

40

Date of commencement of sentence

41

Appeal by Lord Advocate against sentence in solemn proceedings etc

42

43

Part III — General

Expenses

44

There shall be paid out of money provided by Parliament—

(a) any sums required by the Secretary of State for defraying the expenses of the Parole Board for Scotland;

(b) any expenses incurred by the Secretary of State under section 21(2) of this Act;

(d) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Rules and orders

45

(1) The power of the Secretary of State to make rules and orders under this Act shall be exercisable by statutory instrument.

(2) Any order made under section 12AA(3) or rule made under section 13 or 20(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) An order shall not be made under section 3AA(6), 6(3), 7(1A). . . or 27(2) of this Act unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

Interpretation

46

In this Act—

“the 1975 Act” means the Criminal Procedure (Scotland) Act 1975;

“the 1980 Act” means the Criminal Justice (Scotland) Act 1980; and

“the 1989 Act” means the Prisons (Scotland) Act 1989.

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995

Minor and consequential amendments, transitional provisions, savings and repeals

47

(1) The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

(2) The transitional provisions and savings contained in Schedule 6 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).

(3) The enactments mentioned in Part I of Schedule 7 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Part and the instruments mentioned in Part II of that Schedule are hereby revoked to the extent specified in the third column of that Part.

Short title, commencement and extent

48

(1) This Act may be cited as the Prisoners and Criminal Proceedings (Scotland) Act 1993.

(2) Subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

(3) An order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4) This section and, in so far as relating to paragraph 5 of Schedule 5 to this Act, section 47(1) of this Act shall come into force on the day on which this Act is passed.

(5) Subject to subsection (6) below, this Act extends to Scotland only.

(6) This section and the following provisions of this Act also extend to England and Wales—

section 12(2);

section 14(4);

section 15;

section 16(1) and (3);

section 27;

section 46; and

in section 47, subsection (1) in so far as relating to paragraphs 1(38) and 3 of Schedule 5, and subsection (3) in so far as relating to the entry in Schedule 7 in respect of the Criminal Justice Act 1991.

(7) Nothing in subsection (5) above affects the extent of this Act in so far as it amends or repeals any provision of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.

SCHEDULE 1

General

1

This Schedule applies as respects the release of a person on whom there has been imposed—

(a) a term of imprisonment on conviction of an offence (“his offence term”); and

(b) a term of imprisonment or detention mentioned in section 5(1)(a) or (b) of this Act (“his non-offence term”).

Consecutive terms of imprisonment

2

(1) Where his offence term and his non-offence term are consecutive, whichever term follows the other shall be taken as beginning on the day after he is released as respects the other term.

(2) For the purposes of sub-paragraph (1) above, where his offence term and his non-offence term are imposed on the same date, his non-offence term shall be taken to follow his offence term.

Wholly concurrent terms of imprisonment

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Partly concurrent terms of imprisonment

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

Membership

1

The Parole Board shall consist of a chairperson and not less than four other members appointed by the Secretary of State.

2

The Parole Board shall include among its members—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or aftercare of discharged prisoners; and

(d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

3

A member of the Parole Board may be removed from office by and only by order of the tribunal constituted by and under paragraph 3B below (“the tribunal”).

Remuneration and allowances

4

There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may . . . determine.

5

The expenses of the Board under paragraph 4 above and any other expenses incurred by the Board in discharging the functions mentioned in section 20(1) of this Act shall be defrayed by the Secretary of State.

Reports

6

The Board shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year, and the Secretary of State shall lay a copy of the report before Parliament.

SCHEDULE 3

Production of copy documents

1

(1) For the purposes of any criminal proceedings a copy of, or of a material part of, a document, purporting to be authenticated in such manner and by such person as may be prescribed, shall unless the court otherwise directs, be—

(a) deemed a true copy; and

(b) treated for evidential purposes as if it were the document, or the material part, itself,

whether or not the document is still in existence.

(2) For the purposes of this paragraph it is immaterial how many removes there are between a copy and the original.

(3) In this paragraph, “copy” includes a transcript or reproduction.

Statements in business documents

2

(1) Except where it is a statement such as is mentioned in paragraph 3(b) and (c) below, a statement in a document shall be admissible in criminal proceedings as evidence of any fact or opinion of which direct oral evidence would be admissible, if the following conditions are satisfied—

(a) the document was created or received in the course of, or for the purposes of, a business or undertaking or in pursuance of the functions of the holder of a paid or unpaid office;

(b) the document is, or at any time was, kept by a business or undertaking or by or on behalf of the holder of such an office; and

(c) the statement was made on the basis of information supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in it.

(2) Sub-paragraph (1) above applies whether the information contained in the statement was supplied directly or indirectly unless, in the case of information supplied indirectly, it appears to the court that any person through whom it was so supplied did not both receive and supply it in the course of a business or undertaking or as or on behalf of the holder of a paid or unpaid office.

(3) Where in any proceedings a statement is admitted as evidence by virtue of this paragraph—

(a) any evidence which, if—

(i) the maker of the statement; or

(ii) where the statement was made on the basis of information supplied by another person, such supplier,

had been called as a witness, would have been admissible as relevant to the witness’s credibility shall be so admissible in those proceedings;

(b) evidence may be given of any matter which, if the maker or as the case may be the supplier had been called as a witness, could have been put to him in cross-examination as relevant to his credibility but of which evidence could not have been adduced by the cross-examining party; and

(c) evidence tending to prove that the maker or as the case may be the supplier, whether before or after making the statement or supplying the information on the basis of which the statement was made, made (in whatever manner) some other representation which is inconsistent with the statement shall be admissible for the purpose of showing that he has contradicted himself.

(4) In sub-paragraph (3)(c) above, “representation” does not include a representation in a precognition.

3

A statement in a document shall be admissible in criminal proceedings as evidence of the fact that the statement was made if—

(a) the document satisfies the conditions mentioned in sub-paragraph (1)(a) and (b) of paragraph 2 above;

(b) the statement is made, whether directly or indirectly, by a person who in those proceedings is an accused; and

Documents kept by businesses etc.

4

Unless the court otherwise directs, a document may in any criminal proceedings be taken to be a document kept by a business or undertaking or by or on behalf of the holder of a paid or unpaid office if it is certified as such by a docquet in the prescribed form and purporting to be authenticated, in such manner as may be prescribed—

(a) by a person authorised to authenticate such a docquet on behalf of the business or undertaking by which; or

(b) by, or by a person authorised to authenticate such a docquet on behalf of, the office-holder by whom,

the document was kept.

Statements not contained in business documents

5

(1) In any criminal proceedings, the evidence of an authorised person that a document which satisfies the conditions mentioned in paragraph 2(1)(a) and (b) above does not contain a relevant statement as to a particular matter (or that no document, within a category of documents satisfying those conditions, contains such a statement) shall be admissible evidence whether or not the whole or any part of that document (or of the documents within that category and satisfying those conditions) has been produced in the proceedings.

(2) For the purposes of sub-paragraph (1) above, a relevant statement is a statement which is of the kind mentioned in paragraph 2(1)(c) above and which, in the ordinary course of events, the document (or the document had there been one) might reasonably have been expected to contain.

(3) The evidence referred to in sub-paragraph (1) above may, unless the court otherwise directs, be given by means of a certificate by the authorised person in the prescribed form and purporting to be authenticated in such manner as may be prescribed.

(4) In this paragraph, “authorised person” means a person authorised to give evidence—

(a) on behalf of the business or undertaking by which; or

(b) as or on behalf of the office-holder by or on behalf of whom,

the document is or was kept.

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