- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (20/10/1997)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 20/10/1997. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Prisoners and Criminal Proceedings (Scotland) Act 1993, Section 10 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[F1(1)In a case where a transferred life prisoner transferred from England and Wales (whether before or after the commencement of this enactment) is a life prisoner to whom section 28 of the M1Crime (Sentences) Act 1997 (duty to release certain life prisoners) applies, this Part of this Act except sections 1(4) and 2(9) shall apply as if—
(a)the prisoner were a designated life prisoner within the meaning of section 2 of this Act; and
(b)the designated part of his sentence within the meaning of that section were the relevant part specified in an order or direction made under the said section 28.]
(2)In the case of any other transferred life prisoner [F2, except such case as is mentioned in paragraph 7 of Schedule 6 to this Act,] subsection (3) below applies where the Lord Justice General, whom failing the Lord Justice Clerk, certifies his opinion that, if the prisoner had been sentenced for his offence in Scotland after the commencement of section 2 of this Act, the court by which he was so 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.
(3)In a case to which this subsection applies, this Part of this Act except sections 1(4) and 2(9) shall apply as if—
(a)the transferred life prisoner were a [F3designated] life prisoner within the meaning of section 2 of this Act; and
(b)the [F4designated] part of his sentence within the meaning of that section were the part specified in the certificate.
(4)In this section “transferred life prisoner” means a person—
(a)on whom a court in a country or territory outside Scotland [F5or a court-martial] has [F6(whether before or after the commencement of this section)] imposed one or more sentences of imprisonment or detention for an indeterminate period; and
(b)who has been transferred to Scotland [F7[F8, or in the case of a sentence imposed by a court martial in Scotland to a prison in Scotland (in either case whether] before or after that commencement)], in pursuance of—
(i)an order made by the Secretary of State under [F9paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997] or section 2 of the M2Colonial Prisoners Removal Act 1884; or
(ii)a warrant issued by the Secretary of State under the M3Repatriation of Prisoners Act 1984, [F10; or
(iii)rules made under section 122(1)(a) of the M4Army Act 1955 (imprisonment and detention rules); or
(iv)rules made under section 122(1)(a) of the M5Air Force Act 1955 (imprisonment and detention rules); or
(v)a determination made under section 81(3) of the M6Naval Discipline Act 1957 (place of imprisonment or detention),]
there to serve, or to serve the remainder of, his sentence or sentences [F11; and in this subsection “prison” has the same meaning as in the 1989 Act.].
(5)Where a transferred life prisoner has been transferred to Scotland to serve the whole or part of two or more sentences referred to in subsection (4)(a) above—
(a)he shall be treated as a [F12designated] life prisoner (within the meaning of section 2 of this Act) for the purposes of subsection (3) above only if the requirements of subsection (2) above are satisfied in respect of each of those sentences; and
(b)notwithstanding the terms of any order under [F13the said section 28 of the M7Crime (Sentences) Act 1997] or of any certificate under subsection (2) above, subsections (4) and (6) of section 2 of this Act shall not apply to him until he has served the relevant part of each of those sentences.
Textual Amendments
F1S. 10(1) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(8)(a) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1
F2Words in s. 10(2) inserted (27.7.1993) by 1993 c. 36, ss. 76(2)(b), 78(2)
F3Word in s. 10(3)(a) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(8)(b) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1
F4Word in s. 10(3)(b) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(8)(c) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1
F5Words in s. 10(4)(a) inserted (3.2.1995) by 1994 c. 33, s. 133(a); S.I. 1995/127, art. 2(1), Sch. 1
F6Words in s. 10(4)(a) inserted (27.7.1993) by 1993 c. 36, ss. 76(2)(c), 78(2)
F7Words in s. 10(4)(b) inserted (27.7.1993) by 1993 c. 36, ss. 76(2)(c), 78(2)
F8Words in s. 10(4)(b) substituted (3.2.1995) by 1994 c. 33, s. 133(b)(i); S.I. 1995/127, art. 2(1), Sch. 1
F9Words in s. 10(4)(b)(i) substituted (1.10.1997) by 1997 c. 43, s. 55(2), Sch. 4 para. 16(1); S.I. 1997/2200, art. 2(1)(l)(2)(i) (subject to art. 5)
F10S. 10(4)(b)(iii)(iv)(v) and the preceding word “; or”inserted (3.2.1995) by 1994 c. 33, s. 133(b)(ii); S.I. 1995/127, art. 2(1), Sch. 1
F11Words in s. 10(4)(b) inserted (3.2.1995) by 1994 c. 33, s. 133(b)(iii); S.I. 1995/127, art. 2(1), Sch. 1
F12Word in s. 10(5)(a) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(8)(d) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1
F13Words in s. 10(5)(b) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(8)(e) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1
Marginal Citations
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys