Prisoners and Criminal Proceedings (Scotland) Act 1993

Additional evidence where evidence from business documents challenged

6

• (1) This sub-paragraph applies where—

• (a) evidence has been admitted by virtue of paragraph 2(3) above; or

• (b) the court has made a direction under paragraph 1(1), 4 or 5(3) above.

• (2) Where sub-paragraph (1) above applies in solemn criminal proceedings the judge may, without prejudice to sections 149 and 149A of the 1975 Act, on a motion of the prosecutor or defence at any time before the commencement of the speeches to the jury, permit him to lead additional evidence of such description as the judge may specify.

• (3) Subsections (2) and (3) of section 149 of the 1975 Act shall apply in relation to sub-paragraph (2) above as they apply in relation to subsection (1) of that section.

• (4) Where sub-paragraph (1) above applies in summary criminal proceedings the judge may, without prejudice to sections 350 and 350A of the 1975 Act, on a motion of the prosecutor or defence at any time before the prosecutor proceeds to address the judge on the evidence, permit that party to lead additional evidence of such description as the judge may specify.

• (5) Subsections (2) and (3) of section 350 of the 1975 Act shall apply in relation to sub-paragraph (4) above as they apply in relation to subsection (1) of that section.

General

7

• (1) Nothing in this Schedule—

• (a) shall prejudice the admissibility of a statement made by a person other than in the course of giving oral evidence in court which is admissible otherwise than by virtue of this Schedule;

• (b) shall affect the operation of the Bankers’ Books Evidence Act 1879;

• (c) shall apply to—

• (i) proceedings commenced; or

• (ii) where the proceedings consist of an application to the sheriff by virtue of section 42(2)(c) of the Social Work (Scotland) Act 1968, an application made,

before this Schedule comes into force.

• (2) For the purposes of sub-paragraph (1)(c)(i) above, solemn proceedings are commenced when the indictment is served.

• (3) In section 6 of the Bankers’ Books Evidence Act 1879 (case in which banker not compellable to produce book), after the word “1988” there shall be inserted the words “ or Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 ”.

8

In this Schedule—

• “business” includes trade, profession or other occupation;

• “criminal proceedings” includes any hearing by the sheriff under section 42 of the Social Work (Scotland) Act 1968 of an application for a finding as to whether grounds for the referral of a child’s case to a children’s hearing are established, in so far as the application relates to the commission of an offence by the child;

• “document” includes, in addition to a document in writing—any map, plan, graph or drawing;any photograph;any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; andany film, negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;

• “film” includes a microfilm;

• “made” includes allegedly made;

• “prescribed” means prescribed by Act of Adjournal;

• “statement” includes any representation (however made or expressed) of fact or opinion, including an instruction, order or request, but, except in paragraph 7(1)(a), does not include a statement which falls within one or more of the following descriptions—a statement in a precognition;a statement made for the purposes of or in connection with—

• (i) pending or contemplated criminal proceedings; or

• (ii) a criminal investigation; or

• (c) a statement made by an accused person in so far as it incriminates a co-accused; and

SCHEDULE 4

1

Schedule 1 to the 1980 Act (which makes provision as regards the sufficiency of evidence by certificate in certain routine matters) shall be amended as follows.

2

For the entry relating to the Wireless Telegraphy Act 1949, there shall be substituted the following entries—

The Wireless Telegraphy Act 1949 (c. 54)	A person authorised to do so by the British Broadcasting Corporation.	In relation to an address specified in the certificate, whether on a date so specified any television licence (within the meaning of that Act) was, in records maintained on behalf of the Corporation in relation to such licences, recorded as being in force; and, if so, particulars so specified of such record of that licence.
Section 1 in so far as it relates to the installation or use of a television receiver (within the meaning of that Act); and section 1A in so far as it relates to an intended such use.
The Firearms Act 1968 (c.27)	A person authorised to do so by the Secretary of State.	In relation to a person identified in the certificate, that on a date specified therein—(a) he held, or as the case may be did not hold, a firearm certificate or shotgun certificate (within the meaning of that Act);(b) he possessed, or as the case may be did not possess, an authority (which, as regards a possessed authority, shall be described in the certificate) given under section 5 of that Act by the Secretary of State.

.

3

After the entry relating to the Immigration Act 1971, there shall be inserted the following entry—

The Control of Pollution Act 1974 (c.40)	Two persons authorised to do so by a river purification authority (within the meaning of that Act).	That they have analysed a sample identified in the certificate (by label or otherwise) and that the sample is of a nature and composition specified in the certificate.
Section 31(1) (permitting poisonous, noxious or polluting matter to enter controlled waters, etc.), 32(1) (permitting trade effluent or sewage effluent to be discharged into such waters, etc.) or 49(1)(a) (causing accumulated deposit to be carried away in suspension in inland waters) or regulations under section 31(4) (prohibition on carrying on without consent certain activities likely to pollute waters in designated areas).

4

For the entry relating to the Supplementary Benefits Act 1976, there shall be substituted the following entry—

The Licensing (Scotland) Act 1976 (c.66)	A person authorised to do so by the Secretary of State.	In relation to a person identified in the certificate, that on a date specified therein he held, or as the case may be did not hold, a licence granted under that Act.

5

After the entry relating to the Customs and Excise Management Act 1979, there shall be inserted the following entry—

The Bail etc. (Scotland) Act 1980 (c.4)	The Clerk of Justiciary or the clerk of court.	In relation to a person identified in the certificate—(a) that on a date specified therein an order granting bail was made by a court so specified; and(b) that on a date so specified that order, or a condition thereof so specified, was in force.

6

After the entry relating to the Forgery and Counterfeiting Act 1981, there shall be inserted the following entry—

The Civic Government (Scotland) Act 1982 (c.45)	A person authorised to do so by the Secretary of State.	In relation to a person identified in the certificate, that on a date specified therein he held, or as the case may be did not hold, a licence under a provision so specified of that Act.

7

At the end there shall be added the following entry—

The Social Security Administration Act 1992 (c.5)	A person authorised to do so by the Secretary of State.	In relation to a person identified in the certificate—(a) the assessment, award, or nature of any benefit applied for by him;(b) the transmission or handing over of any payment to him.

.

SCHEDULE 5

Criminal Procedure (Scotland) Act 1975 (c. 21)

1

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

Mental Health (Scotland) Act 1984 (c. 36)

2

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

Repatriation of Prisoners Act 1984 (c. 47)

3

• (1) The Repatriation of Prisoners Act 1984 shall be amended as follows.

• (2) In section 2 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) released on licence under section 1(2), (3) or (4), 2(4) or 7(1) or (2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;

.

• (3) In section 3 (transfer of prisoners into United Kingdom), after subsection (8) there shall be inserted the following subsection—

(9) The provisions contained by virtue of subsection (1)(c) above in a warrant under this Act shall, in the case of a person who is a transferred life prisoner for the purposes of section 48 of the Criminal Justice Act 1991 or section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to England and Wales or, as the case may be, Scotland) include provision specifying the part of his sentence which is treated by virtue of section 48 or section 10 as the relevant part of his sentence.

.

• (4) In the Schedule (operation of certain enactments in relation to prisoners transferred into United Kingdom), in paragraph 2, for sub-paragraph (1) there shall be substituted the following sub-paragraphs—

(1) In determining for the purposes of any of the enactments relating to release on licence whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision, the prisoner’s sentence shall, subject to sub-paragraph (2) below, be deemed to begin with the day on which the relevant provisions take effect. (1A) In sub-paragraph (1) above “the enactments relating to release on licence” means— (a) sections 33(1)(b) and (2), 34(3) and (5), 35(1) and 37(1) and (2) of the Criminal Justice Act 1991; and (b) sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

; and the amendment made to sub-paragraph (2) of that paragraph by paragraph 35(3)(b) of Schedule 11 to the Criminal Justice Act 1991 shall extend also to Scotland.

• (5) For paragraph 3 of the Schedule there shall be substituted the following paragraph—

(3) Where the relevant provisions include provision equivalent to a sentence in relation to which section 35(2) of the Criminal Justice Act 1991 or, as the case may be, section 1(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (power to release life prisoners who are not discretionary life prisoners) applies, section 35(2) or, as the case may be, section 1(4) shall have effect as if the reference to consulting the trial judge were omitted.

.

Legal Aid (Scotland) Act 1986 (c. 47)

4

In section 21(1) of the Legal Aid (Scotland) Act 1986 (definition of “criminal legal aid”), after paragraph (a) (but before the word “and” which immediately follows that paragraph) there shall be inserted the following paragraph—

(aa) any case the referral of which is required, under section 2(6) of the Prisoners and Criminal Proceedings (Scotland) Act 1993, by a discretionary life prisoner;

.

Road Traffic Offenders Act 1988 (c. 53)

5

In section 12(4) of the Road Traffic Offenders Act 1988, as proposed to be inserted by paragraph 85 of Schedule 4 to the Road Traffic Act 1991 (proof of identity of driver in summary proceedings for certain road traffic offences), for the words “Road Traffic Act 1988” in the first place where they occur there shall be substituted the words “ this Act ”.

Prisons (Scotland) Act 1989 (c. 45)

6

• (1) The Prisons (Scotland) Act 1989 shall be amended as follows.

• (2) In section 12 (photographing and measuring of prisoners)—

• (a) for the words “The Secretary of State may make regulations as to” there shall be substituted the words “ Rules under section 39 of this Act may provide for ”; and

• (b) the words “such regulations” shall cease to have effect.

• (3) In section 14(1) (legalised police cells), after the word “under” there shall be inserted the words “ section 39 of ”.

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

• (5) In section 21 (transfer to prison of persons over 21 etc.)—

• (a) in subsection (1), after the word “section” there shall be inserted the words “ but without prejudice to section 20A(2) of this Act ”; and

• (b) in subsection (3), after the words “1975 Act” there shall be inserted the words “ the Prisoners and Criminal Proceedings (Scotland) Act 1993 ”.

• (6) In section 39(1) (rules for the management of prisons and other institutions)—

• (a) the word “and”, where it occurs for the third time, shall cease to have effect; and

• (b) at the end there shall be added the words “ and for any other matter as respects which it is provided in this Act that rules may be made under this section ”.

• (7) In section 40(2) (no account to be taken, in calculating period of liability to detention, of period when unlawfully at large)—

• (a) after the word “institution”, where it first occurs, there shall be inserted the words “ or committed to a prison or remand centre ”;

• (b) after the word “sentence” there shall be inserted the words “ or committal ”;

• (c) for the words “or young offenders institution” there shall be substituted the words “ , young offenders institution or remand centre ”; and

• (d) after the words “so detained,” there shall be inserted the words “ or the date on or by which a term or period of imprisonment or detention elapses or has been served, ”.

• (8) In section 42(2) (procedure in relation to statutory instruments containing regulations or rules), for the words from “regulations” to the end there shall be substituted the words “ an order made under section 37(1) or rules made under section 39 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament ”.

• (9) In section 43 (interpretation)—

• (a) in subsection (1), the definition of “sentence of imprisonment” shall cease to have effect; and

• (b) in subsection (2), the words “(other than in section 25)” shall cease to have effect.

SCHEDULE 6

1

In this Schedule—

• “existing provisions” means such provisions as relate to the detention or release of persons and are amended or repealed by this Act, as they had effect immediately before such amendment or repeal except that an amendment or repeal effected by any amendment shall apply for the purposes of the existing provisions if expressly stated to do so;

• “new provisions” means sections 1 to 21 and 27 of this Act (together with the provisions of the 1995 Act and of the Mental Health (Care and Treatment) (Scotland) Act 2003 which so relate and are so amended by this Actand the Repatriation of Prisoners Act 1984 as it has effect by virtue of paragraphs 6 and 7 of Schedule 2 to the Crime (Sentences) Act 1997and section 33 of the Criminal Justice (Scotland) Act 2003 (asp 7));

• “existing child detainee” means any child (“child” having the meaning assigned to that expression by section 93(2)(b) of the Children (Scotland) Act 1995) who, at the relevant date, is detained under section 206 of the 1995 Act other than without limit of time or is detained in residential care by virtue of section 413 of the 1995 Act;

• “existing licensee” means any person who, before the relevant date, has been released on licence under the 1989 Act;

• “existing life prisoner” means any person (other than a transferred life prisoner) who, at the relevant date, is serving—a sentence of imprisonment for life;a sentence of detention without limit of time or for life under section 205 of the 1995 Act;a sentence of detention without limit of time under section 206 of that Act; ora period of detention without limit of time or for life under section 207(2) of that Act;

• “existing prisoner” means any person who, at the relevant date, is serving—a sentence of imprisonment; ora sentence of detention in a young offenders institution; and

• “relevant date” means the date of commencement of the new provisions.

2

• (1) Subject to sub-paragraph (2) and to section 10(4) of this Act, the new provisions shall apply only to persons who are sentenced (or on whom detention is imposed) on or after the relevant date; and notwithstanding any repeal or amendment effected by or by virtue of this Act, but subject to that sub-paragraph , to the following provisions of this Schedule and to the exception in the definition of “existing provisions” in paragraph 1 above,, the existing provisions shall continue to apply to persons sentenced (or on whom detention has been imposed) before that date.

• (2) Section 3 of this Act , and sections 12 and 17 of this Act in so far as relating to a licence granted, or person released, by virtue of this sub-paragraph,shall apply irrespective of the date on which a person is sentenced (or on which detention is imposed on him).

3

An existing prisoner whose sentence is for a term of less than two years and who, by the relevant date, has served—

• (a) one-half or more of that sentence, shall be released unconditionally by the Secretary of State on that date;

• (b) less than one-half of that sentence, shall be so released as soon as he has served one-half of that sentence.

4

• (1) An existing child detainee whose sentence under section 206 of the 1995 Act is for a period—

• (a) of less than four years and who, by the relevant date, has served—

• (i) one-half or more of that sentence, shall be released on licence by the Secretary of State on that date;

• (ii) less than one-half of that sentence, shall be so released as soon as he has served one-half of that sentence;

• (b) of four years or more and who, by the relevant date, has served—

• (i) two-thirds or more of that sentence, shall be released on licence by the Secretary of State on that date;

• (ii) less than two-thirds of that sentence, shall be so released as soon as he has served two-thirds of that sentence.

• (2) An existing child detainee detained under section 206 of the 1995 Act may, on the recommendation of the Parole Board made at any time, be released on licence by the Secretary of State.

5

• (1) An existing child detainee who, by the relevant date, has completed—

• (a) one-half or more of a period of detention in residential care for which he has been committed, shall be released from such care on that date;

• (b) less than one-half of that period, shall be so released as soon as he has completed one-half of that period,

but until the entire such period has elapsed may be required by the appropriate local authority to submit to supervision in accordance with such conditions as they consider appropriate.

• (2) Where a child released under sub-paragraph (1) above is subject to a supervision requirement within the meaning of the Social Work (Scotland) Act 1968, the effect of that requirement shall commence, or as the case may be resume, upon such release.

6

• (1) This paragraph applies where, in the case of an existing life prisoner, the Lord Justice General, whom failing the Lord Justice Clerk, after consultation with the trial judge, if available, certifies his opinion that, if section 2 of this Act had been in force at the time when the prisoner was sentenced, the court by which he was sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

• (2) In a case to which this paragraph applies, sections 1 to 27 of this Act except section 2(9) shall apply as if—

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

• (b) the punishmentpart of his sentence within the meaning of that section were the part specified in the certificate.

• (3) Where a person is serving two or more sentences of imprisonment for life or detention without limit of time or for life—

• (a) he shall be treated as a . . .life prisoner within the meaning of section 2 of this Act only if the requirements of sub-paragraph (1) above are satisfied in respect of each of those sentences; and

• (b) notwithstanding the terms of any certificate under that sub-paragraph, subsections (4) and (6) of section 2 shall not apply to him until he has served the punishment part of each of those sentences.

7

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

8

Unless revoked by virtue of paragraph 10 of this Schedule, a licence under—

• (a) paragraph 4(1)(a)(i) or (b)(i) above shall remain in force until at least twelve months have elapsed after the date of release and until the entire period of sentence has elapsed;

• (b) paragraph 4(1)(a)(ii) or (b)(ii) above shall remain in force until a date determined by the Parole Board, being a date not later than the date by which the entire period of sentence has elapsed.

9

Section 12 of this Act shall apply in respect of a licence granted under this Schedule.

SCHEDULE 7

Part I — Repeals

Part II — Revocations

Release of certain sexual offenders

1AA

• (1) As soon as a prisoner to whom this section applies has served one-half of his sentence the Scottish Ministers are to release him on licence.

• (2) This section applies to any short-term prisoner—

• (a) sentenced to a term of 6 months or more; and

• (b) who, by virtue of the conviction in respect of which that sentence was imposed, is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42).

• (3) It is immaterial, for the purposes of subsections (1) and (2) above, when the offence of which the prisoner was convicted was committed.

• (4) But this section does not apply to a prisoner who was released under section 1(1) of this Act in relation to the sentence mentioned in subsection (2)(a) above before the date on which section 15(3) of the Management of Offenders etc. (Scotland) Act 2005 (asp 14) came into force (except that where the prisoner is serving terms which by virtue of section 27(5) of this Act fall to be treated as a single term, the reference in the preceding provisions of this subsection to his being released in relation to the sentence mentioned in subsection (2)(a) above is to be construed as a reference to his being released in relation to the single term).

• (5) Section 17 of this Act applies to such short-term prisoners as are mentioned in subsection (2) above as that section applies to long-term prisoners.

• (6) Where a prisoner is released on licence under this section, the licence (unless revoked) remains in force until the entire period specified in his sentence (reckoned from the commencement of the sentence) has elapsed; but this subsection is subject to subsections (7) and (8) below.

• (7) Where the prisoner is serving terms which by virtue of section 27(5) of this Act fall to be treated as a single term the licence (unless revoked) remains in force until the relevant period (reckoned from the commencement of the single term) has elapsed.

• (8) The “relevant period” mentioned in subsection (7) above is—

• (a) the single term after deduction of half the number of days (if any) by which that term exceeds what it would be were there disregarded in determining it such terms (if any) as are imposed for a conviction other than one by virtue of which the prisoner is subject to the notification requirements mentioned in subsection (2)(b) above; or

• (b) if to disregard such terms as are so imposed would have the consequence—

• (i) that there would not remain two or more terms to treat as a single term; or

• (ii) that though two or more terms would remain they would no longer be consecutive or wholly or partly concurrent,

the single term after deduction of half the number of days (if any) by which that term exceeds the term imposed for the conviction, or as the case may be the terms imposed for the convictions, by virtue of which the prisoner is subject to those requirements.

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

1A

• (1) 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—

• (a) nothing in this Part of this Act shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the other terms;

• (b) nothing in this Part of this Act shall require the Secretary of State or the Parole Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Parole Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the other terms; and

• (c) where he is released on licence under this Part of this Act , other than on licence under section 3AA, he shall be on a single licence which—

• (i) shall (unless revoked) remain in force until the date on which he would (but for his release) have served in full all the sentences in respect of which he has been so released; and

• (ii) shall be subject to such conditions as may be specified under or required by this Part of this Act in respect of any of the sentences.

• (2) Where a prisoner who is serving any term of imprisonment receives a sentence of imprisonment or other detention for life, for an indeterminate period or without limit of time which is to take effect on the day after he would (but for the sentence so received) be entitled to be released from the term, nothing in this Part of this Act shall require—

• (a) the Scottish Ministers to release him in respect of any such term unless and until they are required to release him in respect of the sentence so received; or

• (b) the Scottish Ministers or the Parole Board to consider his release in respect of any such term unless and until the Scottish Ministers are or the Parole Board is required to consider his release, or the Scottish Ministers are required to release him, in respect of the sentence so received.

Power to release prisoners on compassionate grounds.

3AA

• (1) Subject to subsections (2) to (5) below, the Scottish Ministers may release on licence under this section—

• (a) a short-term prisoner serving a sentence of imprisonment for a term of three months or more; or

• (b) a long-term prisoner whose release on having served one-half of his sentence has been recommended by the Parole Board.

• (2) The power in subsection (1) above is not to be exercised before the prisoner has served 15% of the prisoner's sentence.

• (3) Without prejudice to subsection (2) above, the power in subsection (1) above is to be exercised only during that period of 196 days which ends on the day 14 days before that on which the prisoner is entitled to be released under this Part.

• (4) In exercising the power conferred by subsection (1) above, the Scottish Ministers must have regard to considerations of—

• (a) protecting the public at large;

• (b) preventing re-offending by the prisoner; and

• (c) securing the successful re-integration of the prisoner into the community.

• (5) Subsection (1) above does not apply where—

• (a) the prisoner's sentence was imposed under section 210A of the 1995 Act;

• (b) the prisoner is subject to a supervised release order made under section 209 of that Act;

• (c) the prisoner is subject to a hospital direction imposed under section 59A of that Act or a transfer for treatment direction made under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

• (d) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42);

• (e) the prisoner is liable to removal from the United Kingdom (within the meaning of section 9 of this Act);

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The Scottish Ministers may by order do any or all of the following—

• (a) amend the number of months for the time being specified in subsection (1)(a) above;

• (b) amend a period for the time being specified in subsection (2) above (which may be done by amending the subsection to describe a period as a particular length of time or a proportion of a prisoner's sentence),

• (c) amend a number of days for the time being specified in subsection (3) above;

• (d) amend any paragraph of subsection (5) above, add a further paragraph to that subsection or repeal any of its paragraphs.

• (7) For the avoidance of doubt, nothing in this section requires the Parole Board to make a decision by a particular date about whether to recommend that a long-term prisoner be released having served one-half of the prisoner's sentence.

• (8) This section does not apply in relation to a person to whom section 1AB applies.

Assessment under section 2A(1)(a) and (b)

3A

• (1) Subject to subsection (1A) below, this section applies to a prisoner serving a sentence mentioned in subsection (1ZA) and in respect of whom a licence has been revoked under section 17(1) to (1B) of this Act.

• (1ZA) The sentences are—

• (a) a sentence imposed under section 205ZA of the 1995 Act (serious terrorism sentence);

• (b) a sentence imposed under section 205ZC of that Act (... sentence with fixed licence period);

• (c) an extended sentence under section 210A of that Act.

• (1A) This section does not apply to such a prisoner if he has, in addition to the sentence in relation to which his recall to prison applies, been sentenced to imprisonment for life and has not been released from that sentence.

• (2) Subject to subsection (3) below, a prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board—

• (a) where his case has previously been referred to the Parole Board under this section or section 17(3) of this Act, not less than one year following the Board’s disposal of his case;

• (b) in any other case, at any time.

• (2A) Where—

• (a) a prisoner’s case has been referred to the Parole Board under this section or section 17(3) of this Act; and

• (b) the prisoner receives another sentence of imprisonment before the Board has considered his case,

the Board shall not consider his case unless there is a further referral of his case to the Board under this section.

• (2B) A case which, by virtue of subsection (2A) above, is not considered by the Parole Board shall not, for the purposes of subsection (2)(a) above, be treated as having been disposed of.

• (3) Where a prisoner to whom this section applies is subject to another sentence which is not treated as a single term with the sentence under section 205ZA or, as the case may be, section 205ZC or the extended sentence, the Secretary of State shall not be required to refer his case to the Parole Board before he would be eligible to be released, or considered for release, from that other sentence.

• (4) Where the case of a prisoner to whom this section applies is referred to the Parole Board under this section or section 17(3) of this Act, the Board shall,

• (a) where—

• (i) the prisoner is serving a sentence imposed under section 205ZA or 205ZC of the 1995 Act or an extended sentence under section 210A of that Act in respect of a terrorism offence, and

• (ii) the Board is satisfied that the condition in subsection (4A) is met (but not otherwise),

direct that the prisoner should be released;

• (b) where—

• (i) the prisoner is serving an extended sentence under section 210A of that Act in respect of a sexual or violent offence, and

• (ii) the Board is satisfied that the condition in subsection (4B) is met (but not otherwise),

direct that the prisoner should be released.

• (4A) The condition is that it is no longer necessary for the protection of the public that the prisoner should be confined.

• (4B) The condition is that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined.

• (5) If the Parole Board gives a direction under subsection (4) above, the Secretary of State shall release the prisoner on licence.

Rules for section 2(2)(d) cases

Re-release of prisoners serving serious terrorism sentences, sentences with a fixed licence period and extended sentences.

Duration of licence.

10A

• (1) This section applies to a life prisoner released on licence in respect of whom, whether before or after the coming into force of section 3 of the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), an order was made under paragraph 4 of Schedule 1 to the Crime (Sentences) Act 1997 (c.43) transferring responsibility for his supervision to the Scottish Ministers and ordering that the supervision or, as the case may be, the remainder of it be undergone in Scotland, that order being an unrestricted transfer within the meaning of paragraph 6(1) of that Schedule.

• (2) This Part of this Act—

• (a) shall apply to such a life prisoner, except one released on compassionate grounds, as if that prisoner had served the punishment part of his life sentence and had been released on licence under section 2(4) of this Act;

• (b) shall apply to such a life prisoner released on compassionate grounds as if that prisoner had been released on licence under section 3 of this Act.

• (3) If, in the case of such a life prisoner released on compassionate grounds—

• (a) the Scottish Ministers revoke that life prisoner’s licence and recall him to prison under section 17(1) of this Act; and

• (b) the Parole Board does not, under section 17(4) of this Act, direct that he be ... released on licence,

section 10 of this Act shall apply to the life prisoner as it applies to a transferred life prisoner within the meaning of section 10 whose transfer occurred after the coming into force of section 3 of the Convention Rights (Compliance) (Scotland) Act 2001.

• (4) References in this section to a life prisoner’s release on compassionate grounds are references to his release under section 30 of the 1997 Act or under equivalent provision made for Northern Ireland such as is mentioned in subsection (5) below.

• (5) The provision referred to in subsection (4) 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) governing the release of life prisoners on compassionate grounds; 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.

12AA

• (1) Without prejudice to the generality of section 12(1) of this Act, any licence granted under section 3AA of this Act must include—

• (a) the standard conditions; and

• (b) a curfew condition complying with section 12AB of this Act.

• (2) Subsection (1) above is without prejudice to any power exercisable under section 12 of this Act.

• (3) In this section, “the standard conditions” means such conditions as may be prescribed as such for the purposes of this section.

• (4) In subsection (3) above, “prescribed” means prescribed by order by the Scottish Ministers.

• (5) Different standard conditions may be so prescribed for different classes of prisoner.

• (6) Subsection (4) of section 3AA of this Act applies in relation to—

• (a) the exercise of the power of prescription conferred by subsection (3) above; and

• (b) the specification, variation or cancellation of conditions, other than the standard conditions, in a licence granted under section 3AA of this Act,

as it applies in relation to the exercise of the power conferred by subsection (1) of that section.

12AB

• (1) For the purposes of this Part, a curfew condition is a condition which—

• (a) requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified; and

• (b) may require him not to be in a place, or class of place, so specified at a time or during a period so specified.

• (2) The curfew condition may specify different places, or different periods, for different days but a condition such as is mentioned in paragraph (a) of subsection (1) above may not specify periods which amount to less than nine hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

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

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

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

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

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

12A

• (1) Where a prisoner, who has been released on licence under this Part of this Act as respects a sentence of imprisonment—

• (a) continues, by virtue of any enactment or rule of law, to be detained in prison notwithstanding such release; or

• (b) is, by virtue of any enactment or rule of law, detained in prison subsequent to the date of such release but while the licence remains in force,

the conditions in the licence, other than those mentioned in subsection (3) below, shall by virtue of such detention be suspended.

• (2) The suspension of the conditions shall have effect for so long as—

• (a) the prisoner is so detained; and

• (b) the licence remains in force.

• (3) The conditions are any conditions, however expressed, requiring the prisoner—

• (a) to be of good behaviour and to keep the peace; or

• (b) not to contact a named person or class of persons (or not to do so unless with the approval of the person specified in the licence by virtue of section 12(2)(a) of this Act).

• (4) The Scottish Ministers may by order amend subsection (3) above by—

• (a) adding to the conditions mentioned in that subsection such other condition as they consider appropriate; or

• (b) cancelling or varying a condition for the time being mentioned in that subsection.

12B

• (1) Subsection (2) below applies where a prisoner—

• (a) has been released on licence under this Part of this Act or under the 1989 Act as respects any sentence of imprisonment (“the original sentence”); and

• (b) while so released, receives another sentence of imprisonment (whether for life or for a term) (“the subsequent sentence”),

and the licence as respects the original sentence has not been revoked.

• (2) Where—

• (a) this subsection applies; and

• (b) the prisoner is to be released on licence under this Part of this Act as respects the subsequent sentence,

he shall instead be released on a single licence under this Part of this Act as respects both the original sentence and the subsequent sentence.

• (3) The single licence—

• (a) shall have effect in place of—

• (i) the licence as respects the original sentence; and

• (ii) any licence on which the prisoner would, apart from this section, be released as respects the subsequent sentence;

• (b) shall be subject to such conditions as were in the licence as respects the original sentence immediately before that licence was replaced by the single licence; and

• (c) shall (unless revoked) remain in force for so long as any licence as respects the original sentence or as respects the subsequent sentence would, apart from this section (and if not revoked), have remained in force.

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

Duration of licence.

17A

• (1) Where a prisoner has been released on licence under section 3AA, the Scottish Ministers may revoke the licence and recall the person to prison if in their opinion the revocation and recall are expedient in the public interest.

• (2) A person whose licence is revoked under subsection (1) above—

• (a) must, on his return to prison, be informed of the reasons for the revocation and of his right under paragraph (b) below; and

• (b) may make representations in writing with respect to the revocation to the Scottish Ministers.

• (2A) Such representations must be made by a person—

• (a) within 6 months from when the person is informed as mentioned in subsection (2)(a), or

• (b) later as allowed by the Parole Board on cause shown by the person.

• (3) The Scottish Ministers are to refer to the Parole Board the case of any person who makes such representations.

• (4) After considering the case the Parole Board may direct, or decline to direct, the Scottish Ministers to cancel the revocation.

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

• (5A) Despite the cancellation of the revocation of a person's licence by virtue of subsection (4), the person's recall to prison remains effective.

• (5B) Where a person's recall to prison remains effective under subsection (5A), the Scottish Ministers must consider whether the person should again be released under section 3AA.

• (6) On the revocation under this section of a person's licence, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

Extended sentences

26A

• (1) This section applies to a prisoner who, on or after the date on which section 87 of the Crime and Disorder Act 1998 comes into force, has been made subject to an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences) other than an extended sentence imposed in respect of a terrorism offence.

• (2) Subject to the provisions of this section, this Part of this Act, except sections 1A and 1B, shall apply in relation to extended sentences as if any reference to a sentence or term of imprisonment was a reference to the custodial term of an extended sentence.

• (3) Where a prisoner subject to an extended sentence is released on licence under this Part the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period.

• (4) Where, apart from this subsection, a prisoner subject to an extended sentence would be released unconditionally—

• (a) he shall be released on licence; and

• (b) the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period.

• (5) The extension period shall be taken to begin as follows—

• (a) for the purposes of subsection (3) above, on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the custodial term;

• (b) for the purposes of subsection (4) above, on the date on which, apart from that subsection, he would have been released unconditionally.

• (6) Subject to sections 1A(1)(c) and 1B(11) of this Act and section 210A(3) of the 1995 Act and to any direction by the court which imposes an extended sentence, where a prisoner is subject to two or more extended sentences, the extension period which is taken to begin in accordance with subsection (5) above shall be the aggregate of the extension period of each of those sentences.

• (7) For the purposes of sections 12(3) and 17(1) of this Act, and subject to subsection (8) below, the question whether a prisoner is a long-term or short-term prisoner shall be determined by reference to the extended sentence.

• (8) Where a short-term prisoner serving an extended sentence in respect of a sexual offence is released on licence under subsection (4)(a) above, the provisions of section 17 of this Act shall apply to him as if he was a long-term prisoner.

• (9) In relation to a prisoner subject to an extended sentence, the reference in section 17(5) of this Act to the prisoner being “liable to be detained in pursuance of his sentence” shall be construed as a reference to the prisoner being liable to be detained until the expiry of the extension period.

• (10) For the purposes of this section “custodial term”, “extension period” and “imprisonment” shall have the same meaning as in section 210A of the 1995 Act.

• (11) In section 1A(c) and section 16(1)(a) of this Act, the reference to the date on which a prisoner would have served his sentence in full shall mean, in relation to a prisoner subject to an extended sentence, the date on which the extended sentence, as originally imposed by the court, would expire.

26B

The Parole Board shall, whenever it is considering the case of a person in respect of whom there is a risk management plan, have regard to the plan.

28A

• (1) This section applies where a person convicted of an offence—

• (a) has not, since the conviction, had a sample, print or impression taken from him; or

• (b) has (whether before or after the conviction) had a sample, print or impression taken from him but it was not suitable for the means of analysis for which it was taken or, though suitable, was insufficient (either in quantity or in quality) to enable information to be obtained by that means of analysis.

• (2) Where this section applies, a constable may, within the permitted period—

• (a) take from the convicted person fingerprints, palmprints and such other prints and impressions of an external part of the body as the constable reasonably considers it appropriate to take; and

• (b) with the authority of an officer of a rank no lower than inspector, take from the person any sample mentioned in any of paragraphs (a) to (d) of subsection (4) of section 28 of this Act by the means specified in that paragraph in relation to that sample.

• (3) A constable—

• (a) may require the convicted person to attend a police station for the purposes of subsection (2) above;

• (b) may, where the convicted person is in legal custody within the meaning of the 1975 Act, exercise the powers conferred by subsection (2) above in relation to the person in the place where he is for the time being.

• (4) In subsection (2) above, “the permitted period” means—

• (a) in a case to which paragraph (a) of subsection (1) above applies, the period of one month beginning with the date of the conviction;

• (b) in a case to which paragraph (b) of that subsection applies, the period of one month beginning with the date on which a constable of the police force which instructed the analysis receives written intimation that the sample, print or impression was unsuitable or, as the case may be, insufficient as mentioned in that paragraph.

• (5) A requirement under subsection (3)(a) above—

• (a) shall give the person at least seven days’ notice of the date on which he is required to attend;

• (b) may direct him to attend at a specified time of day or between specified times of day.

• (6) Any constable may arrest without warrant a person who fails to comply with a requirement under subsection (3)(a) above.

28B

Without prejudice to any power to do so apart from this section, prints, impressions and samples lawfully held by or on behalf of any police force or in connection with or as a result of an investigation of an offence and information derived therefrom may be checked against other such prints, impressions, samples and information.

Concurrent terms of imprisonment

2A

Where his offence term and his non-offence term are wholly or partly concurrent, section 1(1) to (3) of this Act (so far as relevant to the term in question and whether or not modified by section 5(2) of this Act or as read with section 220 of the 1995 Act (reduction of term in certain circumstances)) shall apply separately to each term (that is to say, in particular, he may be released as respects one of the terms even if he is not for the time being eligible for release as respects the other term).

1A

In making those appointments, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed in regulations made by them.

1B

In making regulations under paragraph 1A above, the Scottish Ministers may make different provision for different kinds of members of the Board, including the kinds of members having the respective qualifications for office specified in paragraph 2 below.

Duration of licence.

2A

An appointment as a member of the Parole Board shall, subject to paragraphs 2B to 2D below, last for the period of 5 years beginning with the date of appointment specified in the instrument of appointment.

2B

A member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.

2C

An appointment of a person as a member of the Parole Board shall not extend beyond the day when the person reaches the age of 75.

2D

The appointment of a member of the Parole Board shall come to an end upon the member’s being removed from office under paragraph 3 below.

2E

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

2F

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

2G

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

2H

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

2J

The chairperson of the Parole Board shall have regard to the desirability of securing that every member of the Parole Board is given the opportunity of participating appropriately in the functions of the Board under this Act on not fewer than 20 days in each successive period of 12 months beginning with the day of the member’s appointment as such.

3A

The tribunal may order the removal from office of a member only if, after investigation carried out at the request of the Scottish Ministers, it finds that the member is unfit for office by reason of inability, neglect of duty or misbehaviour.

3B

The tribunal shall consist of the following three members, who shall be appointed by the Lord President of the Court of Session—

• (a) either a Senator of the College of Justice or a sheriff principal (who shall preside);

• (b) a person who is, and has been for at least ten years, legally qualified; and

• (c) one other person who shall not be legally qualified.

3C

For the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.

3D

Regulations, made by the Scottish Ministers—

• (a) may make provision enabling the tribunal, at any time during an investigation, to suspend a member from office and providing as to the effect and duration of such suspension; and

• (b) shall make such further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it.

6A

Regulations under paragraphs 1A and 3D above shall be made by statutory instrument.

6B

No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.

6A

• (1) This paragraph applies where a prisoner sentenced before the relevant date to a sentence of imprisonment for life for an offence the sentence for which is not fixed by law has been (whether before, on or after that date) released on licence under the 1989 Act.

• (2) Without prejudice to section 22(6) of the 1989 Act, in a case to which this paragraph applies, the new provisions shall apply as if the prisoner were a . . . life prisoner, within the meaning of section 2 of this Act, whose licence has been granted under subsection (4) of that section of this Act on his having served the punishment part of his sentence.

6B

• (1) This paragraph applies where—

• (a) an existing prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date and that sentence was for a term of, or as the case may be those sentences fall to be treated as for a single term of, two or more years; . . .

• (b) on or after the date on which section 111 of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment, on conviction of an offence, to be served consecutively to, or concurrently with, the sentence or sentences mentioned in head (a) above ; and.

• (c) he has not at any time prior to the passing of the sentence or sentences mentioned in head (b) above been released from the sentence or sentences mentioned in head (a) above under the existing provisions.

• (2) In a case to which this paragraph applies—

• (a) the sentence or sentences mentioned in head (b) of sub-paragraph (1) above shall be treated as a single term with the sentences mentioned in head (a) of that sub-paragraph and that single term as imposed on or after the relevant date (so however that nothing in the foregoing provisions of this head shall affect the application of sections 39(7) (which makes provision as respects the award of additional days for breaches of discipline) and 24 (which makes provision as respects remission for good conduct) of the 1989 Act); and

• (b) the new provisions shall apply accordingly, except that—

• (i) where the prisoner is a long-term prisoner by virtue only of the aggregation provided for in head (a) of this sub-paragraph, he shall be released unconditionally on the same day as he would have been but for that aggregation;

• (ii) where, notwithstanding the aggregation so provided for, the prisoner remains a short-term prisoner, subsection (1) of section 1 of this Act shall in its application be construed as subject to the qualification that the prisoner shall be released no earlier than he would have been but for that aggregation;

• (iii) that section shall in its application be construed as if for subsection (3) there were substituted—

• (“) Without prejudice to subsection (1) above and to sub-paragraph (2)(b)(i) of paragraph 6B of Schedule 6 to this Act, after a prisoner to whom that paragraph applies has either served one-third of the sentence, or as the case may be sentences, mentioned in sub-paragraph (1)(a) of that paragraph, or (if it results in a later date of release) has served twelve months of that sentence or those sentences, the Secretary of State may, if recommended to do so by the Parole Board under this section, release him on licence; and where such a prisoner has been released on licence under section 22 of the 1989 Act, that licence shall be deemed to have been granted by virtue of this subsection.”;

• (iv) section 11(1) shall in its application be construed as if the sentence referred to were the further term or terms mentioned in head (b) of sub-paragraph (1) above; and

• (v) section 16 shall in its application be construed as if the original sentence (within the meaning of that section) were the further term or terms so mentioned.

6C

• (1) This paragraph applies where—

• (a) an existing prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date;

• (b) on or after the date on which section 111 of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment on conviction of an offence, to be served wholly or partly concurrently with the sentence or sentences mentioned in head (a); and

• (c) the sentences do not fall to be treated as a single term by virtue of paragraph 6B(2)(a) above.

• (2) In a case to which this paragraph applies the Secretary of State shall not release, or be required to consider the release of, the prisoner unless and until the requirements for release, or for consideration of his release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.

• (3) In a case to which this paragraph applies the Parole Board shall not be required to consider the release of the prisoner unless and until the requirements for release, or for consideration for release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.

• (4) In a case to which this paragraph applies, where the prisoner is released on licence, he shall be on a single licence which—

• (a) shall (unless revoked) remain in force until the later of—

• (i) the date on which he would have been discharged from prison on remission of part of his sentence or sentences under the existing provisions if, after his release, he had not forfeited remission of any part of that sentence under those provisions; or

• (ii) the date on which he would (but for his release) have served in full all the sentences in respect of which he was released on licence and which were imposed after the relevant date; and

• (b) shall be deemed to be granted under the new provisions and, subject to sub-paragraph (5) below, those provisions so far as relating to conditions of licences, and recall or return to prison, shall apply as they apply in respect of a prisoner on licence in respect of a sentence passed after the relevant date.

• (5) In the application of section 16 to a person whose licence is deemed to be granted under the new provisions by virtue of sub-paragraph (4)(b) above, the reference to the original sentence (within the meaning of that section) shall be construed as a reference to the further term or terms mentioned in head (b) of sub-paragraph (1) above.

6D

Where a prisoner released on licence is treated by virtue of the provisions of this or any other enactment as a prisoner whose licence was granted under section 2(4) of this Act, the validity of his licence shall not be affected by the absence in the licence of such a condition as is specified in section 12(2) of this Act.

10

Section 17 of this Act shall apply in respect of a release on licence under paragraph 4 of this Schedule as that section applies in respect of the release on licence, under Part I of this Act, of a long-term prisoner.

Editorial notes

[^c12921851]: Act partly in force at Royal Assent see s. 48(2)(3) Act wholly in force at 1.1.1994 by S.I. 1993/2050

[^c12921861]: This Act extends to Scotland only except as provided by s. 48(5)(6) and (7).

[^c12921871]: Act amended (S.) (3.2.1995) by 1994 c. 33, s. 134(2); S.I. 1995/127, art. 2(1), Sch. 1 (with transitional provisions in Sch. 2) Act extended (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 para. 11, Sch. 5 para. 12(1)(d); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of said S.I.) (which said amendment fell (30.9.1998) by reason of the repeal of Sch. 5 para. 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8)) Certain functions of Act made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 4(1)(2), Sch. 3 Pt. I paras. 1-4, Pt. II paras. 5-8, Pt. III para. 10(2)

[^c12922251]: S. 1 excluded (17.12.2001) by 2001 asp 13, s. 24(c) (with s. 29); S.S.I. 2001/456, art. 2

[^c12922261]: Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))

[^c12922281]: S. 1(2)(3) modified (retrospectively) by 1984 c. 47, Sch. para. 2(5) (as inserted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 6(1)(2); S.I. 1997/2200, art. 2(1)(h) (subject to art. 5)) S. 1(2)(3) modified (1.10.1997) by 1984 c. 47, Sch. para. 2(5) (as inserted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 7(1)(2); S.I. 1997/2200, art. 2(1)(h) (subject to art. 5))

[^c12922291]: Words in s. 1(2) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 98(2); S.I. 1998/2327, art. 2(1)(y)(2)(gg) (subject to transitional provisions in art. 7(1))

[^c12922301]: S. 1(3) modified (1.4.1995) by S.I. 1995/911, art. 3(a)

[^c12922321]: S. 1(3A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 98(3); S.I. 1998/2327, art. 2(1)(y)(2)(gg) (subject to arts. 5-8)

[^c12922331]: S. 1(4)-(7) repealed (8.10.2001) by 2001 asp 7, s. 1(2); S.S.I. 2001/274, art. 3(3)

[^c12922371]: S. 1A excluded (17.12.2001) by 2001 asp 13, s. 24(c) (with s. 29); S.S.I. 2001/456, art. 2

[^c12922381]: S. 1A inserted (30.9.1998) by 1998 c. 37, s. 111(1); S.I. 1998/2327, art. 2(1)(x)

[^c12922391]: Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))

[^c20988371]: S. 1A renumbered as s. 1A(1) (1.12.2003) by virtue of Criminal Justice (Scotland) Act 2003 (asp 7), ss. 30(a), 89(2); S.S.I. 2003/475, art. 2, Sch.

[^c20991001]: Words in s. 1A(1)(c) inserted (3.7.2006 for specified purposes, otherwise 21.3.2008) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(4), 24(2); S.S.I. 2006/331, art 3(4)(5); S.S.I. 2008/21, art. 2(2)

[^c20986301]: Word in s. 1A(c)(ii) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 85, 89(2), Sch. 4 para. 2(2); S.S.I. 2003/288, art. 2, Sch.

[^c20988561]: S. 1A(2) added (1.12.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 30(b), 89(2); S.S.I. 2003/475, art. 2, Sch.

[^c12922941]: S. 2 excluded (17.12.2001) by 2001 asp 13, s. 24(c) (with s. 29); S.S.I. 2001/456, art. 2

[^c12922951]: S. 2 applied (8.10.2001) by 2001 asp 7, ss. 4, 5, Sch. paras. 40, 47; S.S.I. 2001/274, art. 3(3)

[^c12922961]: Ss. 1-3, 5, 6(1)(a)(b)(i)(iii), 9, 11-13, 15-21, 27, Schs. 2, 6 extended (1.10.1997) by 1997 c. 43, 56(1), Sch. 1 paras. 10(2)(5), 11(2)(4), Sch. 5 paras. 11(1)(3), 12(1); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of the said S.I.) (which amendment fell (30.9.1998) by reason of the repeal of Sch. 5 paras. 11(1), 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8 of the said S.I.)

[^c12922971]: Ss. 1(4), 2, 2(4), 3, 11-13, 15, 17, 18, 19 extended (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6); S.I. 1997/2200, art. 2(1)(g) (subject to art. 5) (which amending provisions were amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(a)(i)(d)(6)(a)(i)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8)) S. 2 applied (with modifications) (1.10.1997) by S.I. 1997/1776, arts. 1, 2, Sch. 1 paras. 5, 6, 7 (with transitional provisions in art. 5); S.I. 1997/2200, art. 2(1)(g) S. 2 restricted (20.10.1997) by 1997 c. 48, s. 16(4)(a) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

[^c12922981]: S. 2(1) substituted (20.10.1997 for certain purposes otherwise prosp.) by 1997 c. 48, ss. 16(1)(a), 65(2) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

[^c12922991]: Words in s. 2(1)(2)(4)(6)(8) repealed (8.10.2001) by 2001 asp 7, s. 1(3)(a)(i)(b)(i)(vi)(d)(f)(i)(i); S.S.I. 2001/274, art. 3(3) Word in s. 2(2)(b) repealed (8.10.2001) by 2001 asp 7, s. 1(3)(b)(vi); S.S.I. 2001/274, art. 3(3) Word in s. 2(8) repealed (8.10.2001) by 2001 asp 7, s. 1(3)(i)(i); S.S.I. 2001/274, art. 3(3)

[^c20986321]: Words in s. 2(1) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89(2), Sch. 5; S.S.I. 2003/288, art. 2, Sch.

[^c12923001]: S. 2(1)(aa) and the preceding word “or” inserted (8.10.2001) by 2001 asp 7, s. 1(3)(a)(ii); S.S.I. 2001/274, art. 3(3)

[^c20990061]: S. 2(1)(ab) and preceding word inserted (19.6.2006 for specified purposes) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 1(2), 89(2), Sch. 1 para. 1(2)(a); S.S.I. 2006/332, art. 2(1) (with art. 2(2))

[^c12923021]: S. 2(1)(c) and the preceding word “or” repealed (8.10.2001) by 2001 asp 7, s. 1(3)(a)(iii); S.S.I. 2001/274, art. 3(3)

[^c12923041]: S. 2(2)(7) modified (prosp.) by 1984 c. 47, s. 3(7), Sch. para. 2 (as substituted (prosp.) by 1997 c. 43, ss. 42, 57(2), Sch. 2 para. 8(2) (which amending provision was repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch. 10; S.I. 1998/2327, art. 2(2)(pp)(3)(x)) S. 2(2)(7) modified (retrospectively) by 1984 c. 47, Sch. para. 2(5) (as amended (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 paras. 6, 7; S.I. 1997/2200, art. 2(1)(h) (subject to art. 5))

[^c12923051]: Words in s. 2(2) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(3)(a)(i) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

[^c12923071]: Words in s. 2(2) substituted (8.10.2001) by 2001 asp 7, s. 1(3)(b)(ii); S.S.I. 2001/274, art. 3(3)

[^c12923081]: Words in s. 2(2) inserted (8.10.2001) by 2001 asp 7, s. 1(3)(b)(iii); S.S.I. 2001/274, art. 3(3)

[^c12923091]: Words in s. 2(2)(a) substituted (8.10.2001) by 2001 asp 7, s. 1(3)(b)(iv); S.S.I. 2001/274, art. 3(3)

[^c12923101]: Word in s. 2(2)(a) repealed (20.10.1997) by 1997 c. 48, ss. 16(1)(b)(i), 62(2), Sch. 3 (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

[^c12923131]: S. 2(2)(c) and the preceding word “; and” inserted (20.10.1997) by 1997 c. 48, s. 16(1)(b)(ii) (with s. 33); S.I. 1997/2323, art.3, Sch. 1