Prisoners and Criminal Proceedings (Scotland) Act 1993

Prospective

1 Release of short-term, long-term and life prisoners. S

[F1 (1) As soon as a short-term prisoner has served one-half of his sentence the Secretary of State shall, without prejudice to any supervised release order to which the prisoner is subject, release him unconditionally.

(2) As soon as a long-term prisoner has served two-thirds of his sentence, the Secretary of State shall release him on licence.

(3) After a long-term prisoner has served one-half of his sentence the Secretary of State may, if recommended to do so by the Parole Board under this section, release him on licence.]

(4) If recommended to do so by the Parole Board under this section, the Secretary of State may, after consultation with—

(a) the Lord Justice General, whom failing the Lord Justice Clerk; and

(b) if available, the trial judge,

release on licence a life prisoner who is not a [F2 designated] life prisoner.

(5) The Parole Board shall not make a recommendation under subsection (4) above unless the Secretary of State has referred the case to the Board for its advice.

(6) Notwithstanding the foregoing provisions of this section, the Secretary of State shall not release a person who is serving—

(a) a sentence of imprisonment for a term and one or more sentences of imprisonment for life; or

(b) more than one sentence of imprisonment for life,

unless and until the requirements of those provisions are satisfied in respect of each of those sentences.

(7) A person to whom subsection (6) above applies shall, when released on licence under this section, be released on a single licence under subsection (4) above.

[F1 (8) Schedule 1 to this Act, which makes special provision as respects the release of persons serving both a sentence of imprisonment imposed on conviction of an offence and a term of imprisonment or detention referred to in section 5(1)(a) or (b) of this Act, shall have effect.]

Textual Amendments

F1 S. 1(1)-(3)(8) repealed (prosp.) by 1997 c. 48, ss. 62(1)(2), 65(3), Sch. 1 para. 14(2)(a), Sch. 3 (with s. 33) (which repealing provisions were repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 paras. 141(1)(b), 143(3)(a), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y))

F2 Word in s. 1(4) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(2)(b) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

Modifications etc. (not altering text)

C1 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(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. 1(4) modified (prosp.) by 1984 c. 47, s. 3(7), Sch. para. 3 (as substituted (prosp.) by 1997 c. 43, ss. 42, 57(2), Sch. 2 para. 8(3) (which said Sch. 2 para. 8 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) (subject to arts. 5-8)

S. 1(4) applied (with modifications) (1.10.1997) by S.I. 1997/1776, arts. 1, 2, Sch. paras. 5, 6, 7 (with transitional provisions in art. 3, Sch. 2); S.I. 1997/2200, arts. 1, 2(1)(g)

C2 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))

C3 S. 1(3) modified (1.4.1995) by S.I. 1995/911, art. 3(a)