Prisoners and Criminal Proceedings (Scotland) Act 1993

SCHEDULES

Section 1(8).

SCHEDULE 1 S Consecutive and Concurrent Terms of Imprisonment

General S

1 S 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 S

2 Where his offence term and his non-offence term are consecutive—

(a) his offence term shall be taken to precede his non-offence term;

(b) notwithstanding section 1(1) to (3) of this Act, he shall not be released when he has served the proportion of his offence term mentioned in whichever of those subsections is (or are) relevant to the term in question but when he falls to be released by virtue of the application of section 5 of this Act to his non-offence term; and

(c) his non-offence term shall be taken as beginning on the date on which he would have been released under section 1(1) to (3) but for sub-paragraph (b) above.

Yn ddilys o 02/04/2006

[F1 Concurrent terms of imprisonment S

Textual Amendments

F1 Sch. 1 paras. 2, 2A and cross-heading to para. 2A substituted for Sch. 1 para. 2 (2.4.2006) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 32(3)(a), 89(2); S.S.I. 2006/85, art. 1(2)

2A S 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).]

Wholly concurrent terms of imprisonment S

3 Where his offence term and his non-offence term are wholly concurrent—

(a) only the offence term shall be taken into account for the purposes of the provisions of this Part of this Act relating to his release; but

(b) he shall not be released under section 1(3) of this Act.

Partly concurrent terms of imprisonment S

4 Where his offence term and his non-offence term are partly concurrent—

(a) section 1(1) or (2), or as the case may be those provisions as modified by section 5(2), of this Act shall apply in relation to the term which is due to expire later and shall not apply to the term which is due to expire first; and

(b) if the term due to expire later is his offence term, section 1(3) of this Act shall apply in relation to it only if the person has served such proportion of his non-offence term as would, but for sub-paragraph (a) above, entitle him to release under section 1(1) or (2), as modified by section 5(2), of this Act.

Section 20(6).

SCHEDULE 2 S The Parole Board

Modifications etc. (not altering text)

C1 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))

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.)

Membership S

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

Yn ddilys o 27/07/2001

[F2 1A S 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.]

Textual Amendments

F2 Sch. 2 paras. 1A, 1B inserted (27.7.2001) by 2001 asp 7, s. 5(2) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

Yn ddilys o 27/07/2001

[F3 1B S 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.]

Textual Amendments

F3 Sch. 2 paras. 1A, 1B inserted (27.7.2001) by 2001 asp 7, s. 5(2) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

2 S The Parole Board shall include among its members—

(a) a Lord Commissioner of Justiciary;

(b) a registered medical practitioner who is a psychiatrist;

(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.

Yn ddilys o 08/10/2001

Limitation, termination etc. of appointment of members S

[F4 2A An appointment as a member of the Parole Board shall, subject to paragraphs 2B to 2D below, last for such period, being not shorter than six years nor longer than seven years, as is specified in the instrument of appointment.]

Textual Amendments

F4 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F5 2B S A member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.

Textual Amendments

F5 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F6 2C S 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.

Textual Amendments

F6 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F7 2D S 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.

Textual Amendments

F7 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F8 2E S A person may be reappointed to be a member of the Parole Board but only if—

(a) three years or more have passed since the person ceased to be a member of the Parole Board; and

(b) the person has not previously been reappointed under this paragraph.

Textual Amendments

F8 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F9 2F S A person whose membership of the Parole Board came to an end by resignation under paragraph 2B above may be reappointed under paragraph 2E above.

Textual Amendments

F9 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F10 2G S A person whose membership of the Parole Board came to an end on removal from office under paragraph 3 below shall not be reappointed.

Textual Amendments

F10 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F11 2H S The provisions of paragraphs 1 to 2D above apply to a reappointment under paragraph 2E above as they apply to an appointment.

Textual Amendments

F11 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F12 Performance of duties S

2J The Chairman 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.

Textual Amendments

F12 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

3 A member of the Parole Board shall hold and vacate office under the terms of the instrument by which he is appointed, but may at any time resign his office; and a person who ceases to hold office as a member of the Parole Board shall be eligible for reappointment.

Yn ddilys o 08/10/2001

F13 3A S 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.

Textual Amendments

F13 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F14 3B S 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.

Textual Amendments

F14 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F15 3C S For the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.

Textual Amendments

F15 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F16 3D S 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.

Textual Amendments

F16 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Remuneration and allowances S

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

5 S 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 S

6 S 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.

Yn ddilys o 27/07/2001

Regulations S

[F17 6A Regulations under paragraphs 1A and 3D above shall be made by statutory instrument.]

Textual Amendments

F17 Sch. 2 paras. 6A, 6B inserted (27.7.2001) by 2001 asp 7, s. 5(5) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

Yn ddilys o 27/07/2001

F18 6B S No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.

Textual Amendments

F18 Sch. 2 paras. 6A, 6B inserted (27.7.2001) by 2001 asp 7, s. 5(5) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

F19 SCHEDULE 3 S

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

Textual Amendments

F19 Sch. 3 repealed (1.4.1996) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5 and Sch. 3 para. 8

F21 SCHEDULE 4 S

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

Textual Amendments

F21 Sch. 4 repealed (1.4.1996) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5

Section 47(1).

SCHEDULE 5 E+W+S Minor and Consequential Amendments

Criminal Procedure (Scotland) Act 1975 (c. 21) E+W+S

F22 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. 5 para. 1 repealed (S.)(1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5

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

2 (1) Section 65 of the Mental Health (Scotland) Act 1984 (appeal to sheriff by patient in respect of whom restriction direction has been given) shall be amended as follows.

(2) In subsection (1)(b), for the words “in the event of the patient’s not being released on licence or discharged under supervision under subsection (2)(b)(ii) of this section he” there shall be substituted the words “ the patient ”.

(3) For subsection (2) there shall be substituted the following subsection—

“(2) If the sheriff notifies the Secretary of State—

(a) that the patient would be entitled to be absolutely discharged, the Secretary of State shall by warrant direct that the patient be remitted to any prison or other institution or place in which he might have been detained had he not been removed to hospital and that he shall be dealt with there as if he had not been so removed;

(b) that the patient would be entitled to be conditionally discharged, the Secretary of State may—

(i) by warrant give such direction as is mentioned in paragraph (a) above; or

(ii) decide that the patient should continue to be detained in a hospital,

and (if a direction is given under this subsection) on the person’s arrival in the prison or other institution or place to which remitted by virtue of this subsection, the restriction direction, together with the transfer direction given in respect of the person, shall cease to have effect.”.

Repatriation of Prisoners Act 1984 (c. 47) S

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

(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) S

4 S 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) S

5 S In section 12(4) of the Road Traffic Offenders Act 1988, as proposed to be inserted by paragraph 85 of Schedule 4 to the M4 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 ”.

Commencement Information

I1 Sch.5 para.5 in force as provided by S.48(4).

Marginal Citations

M4 1991 c. 40.

Prisons (Scotland) Act 1989 (c. 45) S

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

(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) In section 19 (provisions of 1989 Act applying to remand centres and young offenders institutions)—

(a) in subsection (3), for the words “the rules” there shall be substituted the words “ rules under section 39 of this Act ”; and

(b) in subsection (4), in sub-paragraph (iii) of the proviso—

(i) for the words “paragraphs (i) and (ii)” there shall be substituted the words “ paragraph (i) ”; and

(ii) for the words “of the Secretary of State” there shall be substituted the words “ under section 39 of this Act ”.

(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.

Commencement Information

I2 Sch. 5 para. 6 not in force at Royal Assent see. s. 48(2). Sch. 5 para. 6(1)-(4), (6),(8) in force at 18.8.1993, para. 6 wholly in force at 1.10.1993 by S.I. 1993/2050, art. 3(2)(4), Sch. 1

Section 47(2).

SCHEDULE 6 S Transitional Provisions and Savings

Modifications etc. (not altering text)

C2 Sch. 6 amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 70(1); S.I. 1998/2327, art. 2(1)(y)(2)(u)

Sch. 6 modified (retrospectively) by 1984 c. 47, s. 3(7), Sch. para. 2(4) (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))

Sch. 6 modified (retrospectively)) by 1984 c. 47, s. 3(7), Sch. para. 2(4) (as substituted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 7(1)(2); S.I. 1997/2200, art. 2(1)(h))

Sch. 6: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 4(2), Sch. 3 Pt. I paras. 5-8, Pt. III para. 10(3)

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.)

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))

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 [F23 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 [F24 1995 Act] and of the M5 Mental Health (Scotland) Act 1984 which so relate and are so amended [F25 by this Act][F26 and 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 1997]);

• “existing child detainee” means any child (“child” having the meaning assigned to that expression by [F27 section 93(2)(b) of the Children (Scotland) Act 1995]) who, at the relevant date, is detained under section 206 of the [F24 1995 Act] other than without limit of time or is detained in residential care by virtue of section 413 of the [F24 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 [F28 (other than a transferred life prisoner)] who, at the relevant date, is serving—

  (a)

  a sentence of imprisonment for life;

  (b)

  a sentence of detention without limit of time or for life under section 205 of the [F24 1995 Act];

  (c)

  a sentence of detention without limit of time under section 206 of that Act; or

  (d)

  a 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)

  a sentence of imprisonment; or

  (b)

  a sentence of detention in a young offenders institution; and

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

Textual Amendments

F23 Sch. 6 para. 1: words in the definition of "existing provisions" inserted (3.2.1995) by 1994 c. 33, s. 134(1)(a)(i); S.I. 1995/127, art. 2(1), Sch. 1

F24 Words in Sch. 6 para. 1 substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(2)

F25 Sch. 6 para. 1: words in the definition of "new provisions" inserted (3.2.1995) by 1994 c. 33, s. 134(1)(a)(ii); S.I. 1995/127, art. 2(1), Sch. 1

F26 Sch. 6 para. 1: words in the definition of "new provisions" inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 16(2); S.I. 1997/2200, art. 2(1)(l)(2)(i)

F27 Sch. 6 para. 1: words in the definition of "existing child detainee" substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 56(3); S.I. 1996/3201, art. 3(7)

F28 Sch. 6 para. 1: words in the definition of "existing life prisoner" inserted (27.7.1993) by 1993 c. 36, ss. 76(3)(a), 78(2)

Marginal Citations

M5 1984 c. 36.

2 (1) Subject to sub-paragraph (2) and [F29 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 [F30 , 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. S

(2) Section 3 of this Act [F31 , 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).

Textual Amendments

F29 Words in Sch. 6 para 2(1) substituted (27.7.1993) by 1993 c. 36, ss. 76(3)(b), 78(2)

F30 Words from “and to ” to “Schedule” in Sch. 6 para. 2 substituted (3.2.1995) by 1994 c. 33, s. 134(1)(b); S.I. 1995/127, art. 2(1), Sch. 1

F31 Words in Sch. 6 para. 2(2) inserted (27.7.1993) by 1993 c. 36, ss. 75(2), 78(2)

3 S 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 [F32 1995 Act] is for a period— S

(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 [F32 1995 Act] may, on the recommendation of the Parole Board made at any time, be released on licence by the Secretary of State.

Textual Amendments

F32 Words in Sch. 6 para. 4(1)(2) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(2)

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

(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 M6 Social Work (Scotland) Act 1968, the effect of that requirement shall commence, or as the case may be resume, upon such release.

Marginal Citations

M6 1968 c. 49.

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 sections 1(4) and 2(9) shall apply as if—

(a) the existing life prisoner were a [F33 designated] life prisoner within the meaning of section 2 of this Act; and

(b) the [F34 designated] part 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 [F33 designated] 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 [F34 designated] part of each of those sentences.

Textual Amendments

F33 Words in Sch. 6 para. 6(2)(a)(3)(a) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(18)(b) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F34 Words in Sch. 6 para. 6(2)(b)(3)(b) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(18)(a) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

[F35 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 [F36 designated] 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 [F37 designated] part of his sentence.]

Textual Amendments

F35 Sch. 6 paras. 6A, 6B inserted (3.2.1995) by 1994 c. 33, s. 135; S.I. 1995/127, art. 2(1), Sch. 1

F36 Words in Sch. 6 para. 6A(2) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(18)(b) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F37 Words in Sch. 6 para. 6A(2) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(18)(a) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

[F38 6B (1) This paragraph applies where— S

(a) [F39 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; F40 . . .

(b) on or after [F41 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 [F42 ; 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—

“(3) 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.]

Textual Amendments

F38 Sch. 6 paras. 6A, 6B inserted (3.2.1995) by 1994 c. 33, s. 135; S.I. 1995/127, art. 2(1), Sch. 1

F39 Words in Sch. 6 para. 6B(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 111(4)(a)(6); S.I. 1998/2327, art. 2(1)(x)

F40 Word in Sch. 6 para. 6B repealed (30.9.1998) by 1998 c. 37, ss. 111(4)(b)(6), 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(x)(aa)(3)(u)

F41 Words in Sch. 6 para. 6B substituted (30.9.1998) by virtue of 1998 c. 37, s. 111(4)(c)(6); S.I. 1998/2327, art. 2(1)(x)

F42 Sch. 6 para. 6B(1)(c) and the preceding word “; and” inserted (30.9.1998) by 1998 c. 37, s. 111(4)(d)(6); S.I. 1998/2327, art. 2(1)(x)

[F43 6C (1) This paragraph applies where— S

(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.]

Textual Amendments

F43 Sch. 6 para. 6C inserted (30.9.1998) by 1998 c. 37, s. 111(5)(6); S.I. 1998/2327, art. 2(1)(x)

[F44 6D S 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.]

Textual Amendments

F44 Sch. 6 para. 6D inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 108; S.I. 1998/2327, art. 2(1)(y)(2)(hh)

[F45 7 In the case of a transferred life prisoner who is a [F46 designated] life prisoner for the purposes of Part II of the Criminal Justice Act 1991 by virtue of section 48 of or paragraph 9of Schedule 12 to that Act, subsection (3) of section 10 of this Act applies and the certificate mentioned in paragraph (b) of that subsection is the certificate under the said section 48 or paragraph 9.]

Textual Amendments

F45 Sch. 6 para. 7 substituted (27.7.1993) by 1993 c. 36, ss. 76(3)(c), 78(2)

F46 Words in Sch. 6 para. 7 substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(18)(b) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

8 S Unless revoked [F47 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.

Textual Amendments

F47 Words in Sch. 6 para. 8 inserted (3.2.1995) by 1994 c. 33, s. 130(3)(a); S.I. 1995/127, art. 2(1), Sch. 1

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

[F48 10 S 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.]

Textual Amendments

F48 Sch. 6 para. 10 inserted (3.2.1995) by 1994 c. 33, s. 130(3)(b); S.I. 1995/127, art. 2(1), Sch. 1

Section 47(3).

SCHEDULE 7 E+W+S Repeals and Revocations

Part I E+W+S Repeals

Commencement Information

I3 Sch. 7 Pt. I not in force at Royal Assent see. s. 48(2). Sch. 7 Pt. I in force for certain purposes at 18.9.1993 and Pt. 1 wholly in force at 1.10.1993 by S.I. 1993/2050, art. 3(3)(4), Sch. 2 (subject to savings in art. 4, 9)

Chapter	Short title	Extent of repeal
1 Edw.8 & 1 Geo.6 c. 37.	The Children and Young Persons (Scotland) Act 1937.	In section 57(3), the words “or section 25 of the Prisons (Scotland) Act 1989”.
3 & 4 Eliz.2 c. 18.	The Army Act 1955.	Section 71AA(6B).In Schedule 5A, paragraph 10(6B).
3 & 4 Eliz.2 c. 19.	The Air Force Act 1955.	Section 71AA(6B).In Schedule 5A, paragraph 10(6B).
5 & 6 Eliz.2 c. 53.	The Naval Discipline Act 1957.	Section 43AA(6B).In Schedule 4A, paragraph 10(6B).
1963 c. 39.	The Criminal Justice (Scotland) Act 1963.	In paragraph 13 of Schedule 1, the words “(and, if that person is released from such a prison under the said section 214(7) or 423(7), section 30(3) of the Prisons (Scotland) Act 1989)”.
1965 c. 20.	The Criminal Evidence Act 1965.	The whole Act.
1969 c. 48.	The Post Office Act 1969.	Section 93(4).
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	In section 108(2), the word “and” at the end of paragraph (b).
		Section 207(11).
		Section 212.
		Section 214.
		In section 270(2), the words “of two weeks or any extension thereof authorised by the High Court”.
		Section 289D(1A)(e).
		Section 328.
		In section 413(1) the words “for such period, not exceeding one year, as the sheriff may determine”.
		Section 415(11).
		Section 421.
		Section 423.
1980 c. 55.	The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980.	In Part I of Schedule 1, in Group B, paragraph (v).
1980 c. 62.	The Criminal Justice (Scotland) Act 1980.	In section 2, in subsection (5), paragraph (c) and the proviso to that paragraph; and in subsection (6) the words “or (c)”.
		In Schedule 3, paragraph 12.
1981 c. 49.	The Contempt of Court Act 1981.	Section 15(6).
1984 c. 36.	The Mental Health (Scotland) Act 1984.	In section 71, subsection (2)(b); and in subsection (7)(a), the words “in criminal proceedings”.
		Section 73(3).
1987 c. 41.	The Criminal Justice (Scotland) Act 1987.	Section 62(1).
		In Schedule 1, paragraph 19.
1989 c. 45.	The Prisons (Scotland) Act 1989.	In section 12, the words “such regulations”.
		Section 16(1).
		Section 18.
		In section 19(4), in paragraph (b), the word “24,”; and in the proviso, sub-paragraph (ii).
		In section 21(3), the proviso.
		Sections 22 to 32.
		In section 39, in subsection (1) the word “and” where it occurs for the third time; and subsection (4).
		In section 42, in subsection (1) the words “22(2), 30(6) or (7), 32(5) or”; and subsections (3) and (4).
		In section 43, in subsection (1), the definitions of “local review committee”, “Parole Board” and “sentence of imprisonment”; in subsection (2), the words “(other than in section 25)”; and in subsection (5), the words “(other than in section 30)”.
		Schedule 1.
		In Schedule 2, paragraphs 1, 3 to 5, 8, 13 to 15, 17 and 18.
1991 c. 53.	The Criminal Justice Act 1991.	In Schedule 11, in paragraph 35, sub-paragraphs (2), (3)(a) and (4).

Part II S Revocations

Year and number	T itle	Extent of revocation
S.I. 1952/565.	The Prison (Scotland) Rules 1952.	Rule 9.
S.I. 1976/1889.	The Prison (Scotland) Amendment Rules 1976.	The whole rules.